
Class on il 



IV 



REPORT OF 

SPECIAL JOINT COMMITTEE 

¥-11. 
INVESTIGATE THE 

Fish and Game Commissioner 



TO THE 



FORTY-SIXTH GENERAL ASSEMBLY 



191 




THE HUGH STEPHENS PRINTING COMPANY, 

JEFFERSON CITY, Md. 



^' 



v- 



Jefferson City, Mo., March 17, 1911. 
Mr. Stephens: 

This will inform you that the House has this day ordered 2,500 copies of the at- 
tached report printed. 

Respectfully, 

J. KELLY POOL, Chief Clerk. 



r!^ 



REPORT 



OP 



Special Joint Committee to Investigate the 
Fish and Game Department. 



Mr. Speaker: 

We, the Joint Committee, composed of Senators White, Buford, 
Dunwoody and Representatives McCarty, Orr and Mitchell, appointed 
respectively by the Senate and the House of Representatives, pursuant 
to a joint and concurrent resolution, to investigate certain charges 
made against Jesse A. Tolerton, State Game and Fish Commissioner of 
the State of Missouri, beg leave to make the following report; 

Pursuant to the resolution containing said charges, and instruc- 
tions contained therein and the appointment of the Joint Committee 
thereunder, said Joint Committee met and organized by electing Sena- 
tor B. L. White, chairman, and Representative E. C. Orr, secretary; 
the Joint Committee then proceeded to take the testimnoy of various 
witnesses subpoenaed before it, including the State Game and Fish 
Commissioner, Jesse A. Tolerton, and a number of his deputies from 
over the State, and to examine the various reports of said deputies 
made to the said State Game and Fish Commissioner, and filed in the 
office of the State Game and Fish Commissioner, and after examina- 
tion of all the evidence and the testimony, the Committee finds the 
following facts to be true : 

That the said Game and Fish Commissioner has expended and per- 
mitted to be expended large sums of money without warrant of law; 



4 [56 

that the said (wuuo and Fish Commissioner has paid out and permitted 
to he paid out irroat sums of mouoy ai;ixroi:;atiui: thousands of dollars, 
but the exact amount this Coniiniltoe has boon unable to ascertain; 
that he has received from his deputies, reports, reeitiug that they have 
gone at will over their districts and over the State, incurring great ex- 
penses for railroad fare, hotel bills, 'bus fare and labor account, with- 
out special or direct orders from the said Commissioner and the said 
Commissioner has verified and approved said accounts and had war- 
rants drawn iu favor of the said deputies for the payment of said ex- 
penses, all without warrant or authority of law; that by the reports of 
said deputies, it is shown tliat there were many days in which said 
deputies were not engaged iu the discharge of their official duties, and 
in spite of that showing in said reports, the said Glanu^ and Fish Com- 
missioner has certified that they have beeu engaged all the time and 
every day iu tl)e year, and has veritied the accounts of a great number, 
to-wit. twenty of the said deputies, and had said accounts paid by the 
State Auditor for each and every day iu the year when the said Jesse 
A. Tolorton well knew from the reports certified to him by said 
deputies, that said deputies had not beeu engaged for the full time, 
but. on the contrary, knew from said reports that there were many 
and numerous days iu wliich tlu\v wore uot engaged in the discharge 
of their otficial duties. 

That the said Tolertou has shipped and caused to be shipped, 
certain pheasants, the property of this State, into the State of Ar- 
kansas, and prepaid the express therefor, to the amoiuit of four dollars 
and eighty-eight cents ($4.88) ; that said birds were shipped and the 
expense of said shipuuMit was made and paid witliout warrant or 
authority of law. 

Tliat by the weekly reports of the said deputies, uuide to tlie said 
Tolertou, it is shown tliat sonu^ of the deputies were engaged in work 
for their party on political matters, and tliat they reported as having 
been engaged entire days as jndges and workers at election booths, and 



5G| 5 

getting out votes for political purposes, and made report of the same 
as a part of their official duties to the State Game and Fish Commis- 
sioner, that the said Commissioner verified these accounts, certified 
them to the State Auditor as being correct, and that said deputies were 
engaged in their official duties, and has caused said deputies to be paid 
for full time as such deputies, though he Avell knew from their reports 
that they were not discliarging official duties, but on the contrary, 
were engaged in working for the Republican party. 

That the investigation shows that in one instance that the said 
Game and Fish Commissioner, Jesse A. Tolerton, wrote a letter to the 
chairman of the Republican County Committee of Ripley county, in 
which he uses the following language, in relation to one Thompson, 
the deputy game warden for that particular section: 

** While I don't believe in giving offices to new recruits 
and neglecting the old war horses, the time is ripe in Mis- 
souri, for Republicans to try to strengthen their party where 
they can, with recruits from the opposition, in place of driv- 
ing men away who have been voting a part of our ticket and 
are disposed to work with us. I want to assure you that if 
Mr. Thompson goes down there, taking a hand in supporting 
the Democratic candidates, that he will not stay in my de- 
partment, on the other hand, I have reason to believe that he 
will give you and other Republicans, there, such assistance 
as he can. He certainly can be of some help to you in his 
travels over the county, and help bring out the Republican 
vote, and if you will indicate to me the candidates that you 
have the best opportunity of electing on your county ticket, 
or any other way that Mr. Thompson can be of assistance to 
you, I will see that he does it." 

That the said deputies of the State Game and Fish Commissioner 
have thus spent large sums of money in a pretended attempt to enforce 
the fish and game law, yet, the results of their efforts have been the dis- 
covery of many violations of law, according to reports on file, but very 



6 [56 

few prosecutions; that in a majority of the prosecutions, there were 
no convictions; that the persons charged and arrested were held in 
custody, and in duress, under threats of prosecution, until they were 
compelled to pay one dollar ($1.00) for a license fee. 

That in many instances, the whole aim and purpose of the depu- 
ties have been to collect hunter's license, rather than to enforce the 
law, and prosecute the violators, thereof. 

The investigation shows that Jesse A. Tolerton, has disregarded 
operation of the statute, providing for fees in certain cases which were 
to be paid to deputies, and in lieu of such fees, paid a per diem, all 
of which was without warrant or authority, in law. 

That the investigation shows that Jesse A, Tolerton verified, under 
oath and approved the accounts of his deputies, certified that they had 
given full time to the discharge of their duties, when he well knew 
from the reports that they were either not engaged in the discharge 
of their official duties, and were at home, doing nothing, or engaged in 
their private affiairs, or were engaged at work for partisan purposes, 
all of which was without warrant of law. 

That said Tolerton allowed his deputies per diem for Sundays, 
when their reports show them to have been at home and doing nothing 
in the discharge of their official duties; that he alloAved the traveling 
expenses of deputies, amounting to thousands of dollars, who were not 
traveling under his direct or special orders, as required by law, and 
verified said accounts, and approved them for payment. 

The investigation shows the said Tolerton to have allowed per 
diem to deputies, when not acting under special orders of the game 
warden, but on their own volition, and certified the same for payment, 
all of which was without warrant of law. 

The investigation shows that non-resident hunters, i. e., hunters 
from other states, were arrested for violations of the law and were dis- 
charged after taking out and paying for non-resident licenses, of 
twenty-five ($25.00) dollars. 



56] 7 

The investigation shows that certain deputies, rendered accounts 
of money paid for expenses, wlien, as a matter of fact, such expense 
accounts were not incurred by such deputies; the investigation shows 
that in one instance, said Tolerton approved the account for board 
bill of the wife of an employee at the game farm, and certified to the 
State Auditor for payment, all of which was without warrant of law; 
that he rendered an expense account for dynamiting certain waters, 
which act of dynamiting was, of itself, a violation of law, and which 
account was not allowed by the Auditor. 

The investigation shows that large suras were authorized to be 
paid out by the said Tolerton, for salaries and expenses, when he knew 
the deputies were not acting under his special direction, and instruc- 
tions, as required by law, and that their services were not even re- 
ports of official duties, and for time not given to the State. 

That the said deputies were at the call of persons in the various 
districts, without authority or direction of the game warden, and 
charged the expenses thereof, to the State, which said expense was 
certified to as being correct by the State Game Warden, and certified 
to for payment, all of which was contrary to law. 

The Joint Committee find that there has been gross carelessness, 
negligence and inefficiency, in the conduct of this department, and in 
the enforcement of the law; that there has been waste and extrav- 
agance in the expendilure of money; that the law has not been 
adequately enforced; that violators have been ''winked at" and the 
violations overlooked, and prosecutions neglected. 

That twenty-seven thousand ($27,000.00) dollars were spent last 
year more than was taken in; that thirty-six thousand ($36,000) dol- 
lars were spent for deputy hire, and over nineteen thousand, ($19,- 
000.00) dollars, for expenses of deputies. 

That in many instances, old men, from sixty to seventy-two years 
of age have been selected, who, naturally, from their ages, have been 



8 [56 

unable to render services which could have been secured from young 
and energetic men. 

In support of the above findings, we herewith file the accompany- 
ing testimony and exhibits, as a part of this report. 

Respectfully submitted, 

BENJ. L. WHITE, 
C. M. BUFORD, 
STERLING H. McCARTY, 
EDWIN C. ORR. 



56] 



THE TESTIMONY. 



In the matter of the investigation of the Game and Fish Department 

of the State of Missouri: 

The Joint Committee of the Senate and House of Representatives, 
consisting of Senators Dunwoody, Buford and White, and Representa- 
tives Mitchell, McCarty and Orr, being in session for the purpose of 
making the investigation ordered by the Senate and House of the State 
Game and Fish Department of its conduct, expenditures and whatever 
else they may deem expedient to investigate, connected with said De- 
partment, being in session, and Mr. Jesse A. Tolerton being present 
and being first duly sworn, upon his oath deposeth and saith: 

(By Mr. White.) Q. Mr. Tolerton, what official position do you 
occupy ? 

A. State Game and Fish Commissioner of Missouri. 

Q. When and by whom were you appointed? 

A. I was first appointed June 16, 1909, for a term of two months 
under the game law of 1907 ; I was re-commissioned on August 16, 
1909, for a term of four years. I believe that covers that question 
fully. 

Q. As State Game and Fish Commissioner, what are your duties 
as you understand them, under the statutes. 

A. Under the present law it is my duty to enforce the game and 
fish laws of the State; certain sections provide for the propagation, 
buying and shipping of game; certain other sections provide that I 
shall appoint one or more deputies from each Congressional district to 
assist in the enforcement of said laws. 

Q. What is your understanding and what has been the practice 
of your Department with respect to the payment of the expenses of 
the conduct of your commission and for the services of your deputies ? 

A. The law states, as I understand it, that he shall have the 
power to appoint one or more deputies to assist in the enforcement of 
the law, and that they shall be paid three dollars per day while under 
the direct order of me as Game and Fish Commissioner. Do you want 
me to go ahead? 

Q. Yes, go ahead and make any statement you want to. 

A. The law also provides that the deputies, when a prosecution 



10 [56 

is had, that they make the arrest, they being in power to do so, and 
that they may retain, in addition to the regular salary, the same fees 
as the sheriffs or constables would be entitled to, though it has been my 
policy not to permit the deputies to collect these fees. 

Q. You say that these deputies are entitled to a per diem of three 
dollars per day while acting under your direct orders? 

A. Yes, sir. 

Q. What do you understand by direct orders ? 

A. I understand that if I deem it advisable or necessary to em- 
ploy a man who is to give his entire services whenever I give him 
orders or demand that he make an investigation of anything and when 
he holds himself subject to my orders, that I would have a right to pay 
him for whatever days that I might see fit. In this connection I might 
state that I have tried the experiment of issuing a man a commission 
and calling on him when I wanted him, paying him for such time as he 
actually w^as at work; in some instances I have been able to do this. 
In order to secure the services of what I was led to believe was high- 
class men — men of good judgment and experience, I haven't been able 
to do it ; notwithstanding the fact that these men could not hold them- 
selves in readiness, me giving them a few days a week or fifteen days 
a month, as the case might be, and they having to neglect other busi- 
ness, and in this way I have lost the services of some of the best men 
I have appointed. 

Q. Well, now, I don't believe you hardly caught my question. I 
believe I asked you what you understood by direct orders? 

A. I answered that, that these men hold themselves in readiness 
to act on my orders at any and all times. 

Q. You state that you tried the experiment of requiring them to 
hold themselves subject to your orders and to act when you directly 
ordered them to act, but that practice had not been found satisfactory? 

A. Not with the district men — men that I could rely upon at all 
times. I have men commissioned in the State that I handle and pay 
when I have special work for them to do. 

Q. Why do you make that request, that they hold themselves in 
readiness to act under your instructions; is that your understanding 
of the statute ? 

A. Because I had a right to appoint these men, and under the law 
I think I have a right to say when they should be paid their per diem. 

Q. AVliat I am trying to get at is wliy you requested these depu- 
ties simply to hold themselves in readiness to act upon your orders and 
hold themselves in readiness to act under your instructions ; was that 



56] 11 

the language of the statute that they should be paid while acting 
under your direct orders? 

A. Yes, sir. 

Q. That was the construction you placed upon the statute ? 

A. Yes, sir ; and I think it would be impossible to get the services 
of men that are competent to fill this position without actually paying 
them three dollars per day. 

Q. Athough you believe that is what the statute contemplated ? 

A. Hardly, it does say that they must actually be employed. 

Q. It does say while acting under your direct orders! 

A. That is the language of the statute. 

Q. Do you believe that the language of the statute — while acting 
under your direct orders, sufficiently broad to justify your department 
in paying your deputies three dollars per day for every day in the 
month while acting under your direct orders or not? 

A. I think it is. 

Q. Has that been the practice of your department? 

A. It has. 

Q. Has it been the practice of your department to allow your 
deputies three dollars per day for every day in the month ? 

A. If I had issued them a commission stating that I wanted them 
to help me for the next month or two, I paid them solid time. 

Q. Did you issue them written commissions? 

A. Yes, sir. 

Q. Do all of those commissions read alike? 

A. Yes, sir. 

Q. Are they general or special? 

A. They are a general commission, stating the fact that ''I here- 
by appoint you deputy game and fish commissioner for the State of 
Missouri, . " 

Q. Does that commission recite anything in regard to the number 
of days in the month that they should work? 

A. It does not. 

Q. Will you furnish this committee with a blank copy of this 
commission ? 

A. Yes, sir. 

Q. How many deputies have you appointed since the 16th day of 
August, 1909? 

A. I could not give you exactly — but within two or three of it — 
I would say something like sixty-five. 

Q. Something like sixty-five deputies? 

A. Yes, sir. 



12 [56 

Q. And what is the greatest number you have had at any one 
time? 

A, Well, I would say thirty-two or three, somewhere along there. 

Q. Thirty-two or three ? 

A. Yes, sir. 

Q. Now, Mr. Tolerton, what are the duties that you require of 
those deputies ; what are your instructions to them ? 

A. Well, for instance, take Emmitt C. Higgins of Salem, Dent 
county ; I pay him solid time ; he is an experienced man, having served 
two years under the Walmsley law. When I get a letter from him that 
he has nothing particular to do, I assign him, for instance, to start at 
some point at the head waters of current rivers. If a boat and para- 
phernalia can be rented, I instruct him to rent it; if not, to buy one, 
take another deputy with him if one is available, and float down the 
river to its mouth, destroying all illegal devices he may find in the 
stream. 

Q. Who was that? 

A. Emmitt C. Higgins. This is just one instance. I have a man 
on , Pettis countj^, blowing out fish dams. 

Q. My question was, what is the duties of your deputies, and what 
your instructions with respect to their duties are? 

A. My instructions to my deputies are to consult with the prose- 
cuting attorney in the counties where they work, upon questions upon 
which there is a difference of opinion, that they are to follow the advice 
of the prosecuting attorney in the counties where they work. 

Q. Now, Mr. Tolerton, it is their duty to cause arrests of any vio- 
lation of the game law? 

A. Yes, sir. 

Q. How many arrests and convictions have been made for any 
violation of the game law, roughly estimated, since the 16th day of 
August, up to the present date, throughout the State? 

A. If I was to estimate it, I would say from three to five hundred. 

Q. Would you say that many convictions? 

A. No, I have a — (interrupted.) 

Q. How many convictions have been made, roughly estimated — 
or have you a record of the convictions ? 

A. The law requires that the justice of the peace make reports, 
and I have furnished blanks, but it is next to impossible to get them 
to make reports. 

Q. The number of convictions? 

A. I could not say. 



56] 13 

Q. Do you think 3^011 have h'ad as many as one hundred convic- 
tions 'i 

A. I think so. 

Q. Do you think you have had one hundred twenty-five; would 
you be willing to swear you have had one hundred convictions ? 

A. I would hardly say. 

Q. Do you think you can say you have had as many as one hun- 
dred? 

A. Yes, sir ; I think so. 

Q, Tell us, Mr. Tolerton, what proportion of the arrests leading 
up to those convictions were made by your deputies, at the instance 
of the prosecuting attorney. 

A. This one hundred is based upon the investigation of my depu- 
ties. 

Q. Are you personally aware of that ? 

A. Well, it is just an off hand estimate. 

Q, We have it then, that your deputies throughout the State have 
secured the convictions in the one hundred cases, roughly estimated? 

A. Yes, sir. 

Q. And your further judgment is that in a majority of those 
cases the arrests were brought about at the instance of your deputies ? 

A. I issued a letter to each and every one of my deputies when 
they were first appointed in 1909, stating in effect that this was a new 
law, and that I thought a better understanding and a better enforce- 
ment could be brought about by moving cautiously, and I considered 
it was as much their duties to bring about the enforcement of the law 
for the first few months as it was the prosecuting attorneys, and I did 
not want to go at it with hammer and tongs. 

Q. In connection with these arrests that have been brought about, 
do you know of any other service that your deputies have rendered the 
State, in the way of protecting and propagating the game ? 

A. I certainly think I do. I have had the patrolling of the rivers 
that my force would permit and I have had them constantly moving 
among the people advocating obedience to the law. I hold a deposition 
of James Rice and others, against express companies, that my deputies 
in St. Louis alone have confiscated thousands of dollars hunting the 
duck which would have been delivered to the charitable institutions of 
St. Louis and I call your attention to pages, 20, 29 and 30, as to the 
answer made by Mr. Cregan, the General Superintendent of the Pacific 
Express Company, St. Louis. I mention this to show you what the 
deputies in St. Louis are doing. 



14 [56 

Q. Now, how many deputies have you in the First Congressional 
District ? 

A. I have one special deputy. 

Q. Have you a regular deputy in the First district? 

A. I have. 

Q. How long have you had the regular deputy there? 

A. Nearly all the time I have been at the head of the department. 

Q. How many arrests has he secured? 

A. I could not say. 

Q. Do you know that he has secured any? 

A. I do not. 

Q. Do you know whether there has been a single conviction in 
the first district since you have been in office? 

A. No; in Schuyler county one man was sent to jail and a peti- 
tion was sent here to have the Governor parole him. 

Q. Then there has been one conviction in the First district? 

A. I could not tell you off hand. 

Q. Have there been as many as half a dozen convictions? 

A. Yes, I think so. 

Q. In the Second Congressional district, how many? 

A. I now have two — Harry James of Carrollton and Jerry Bailey 
of Brookfield. 

Q. How many convictions have been made in the Second district 
since you have been in office ? 

A. Well, one of the most important that I can think of at this 
time is the Clark ease, for illegal taking of fish in the Chariton or 
Grand river, in which he was fined fifty dollars each in three cases. 

Q. Were there any more cases in that district? 

A. Eeally, I could not tell without reference to letters. 

Q. Do you think there were as many as a half dozen convictions 
in the Second district ? 

A. I think so. 

Q. Mr. Tolerton, your deputies make weekly reports to you, do 
they not ? 

A. Yes, sir. 

Q. These reports contain the matters and things that they have 
done in connection with their duties as deputies? 

A. In part only. 

Q. Why not in full? 

A. It is impossible to get it on the weekly report. 

Q. Does the law require them to make a weekly report ? 

A. No. 



56] 15 

Q. Does the law require them to make a monthly report? 

A. No; I don't think the law requires them to make a monthly 
report. 

Q. How do you know what your deputies are doing? 

A. That is the reason I prepared a report and told them if the 
space on the report was not sufficient to take it up with me by letter. 

Q. Have you reports in your office that you can determine the 
number of convictions made since you came into office? 

A. Taking their reports and letters and tlie reports of the justice 
courts, I could make an intelligent estimate. 

Q. You must have predicated your information upon something 
when you said there was one hundred convictions in the State. What 
was it you said a while ago about having in each district a general or 
special deputy? 

A. I inaugurated a plan that I would have some one in charge 
in each district. 

Q. When did you put that in force ? 

A. It was not completed until four months ago. Take for in- 
stance George W. Bailey of Brookfield ; I have instructed him to organ- 
ize Sullivan, Linn and all of the adjoining counties he could possibly 
cover, even outside of the Congressional district, to write letters to 
every constable and to tell them of any special cases that the local 
officials did not handle, and that he would either respond in person to 
see that the law was enforced or another deputy would be sent. 

Q. What is your other deputy doing? 

A. He has been I have been led to believe he was too 

easy, and not giving the proper attention to the Northern end of the 
district. 

Q. Do any of your deputies throughout the State have any busi- 
ness, and do they attend to any business other than the duties of their 
deputyships ? 

A. Well, with the exception of two or three men, I don't think 
I have. 

Q. Who are the men? 

A. Bailey may have a little law business on the side, and Mr. A. 
T. Gretter, my chief deputy in St. Louis, and was an appointee of Mr. 
Rhodes during his administration, writes some articles for the papers 
on the fish and game law. I believe Mr. Osterhaut, at Hannibal, has 
a real estate office; the deputy in St. Joseph has none, and as to my 
knowledge now, none of the others have a business. 

Q. With the exception of Bailey, Gretter and Osterhaut, you have 



16 [56 

no deputies now engaged in any other line of business except their 
deputyship ? 

A. Not that I can recall. 

Q. Since the 16th day of August, 1909, have your deputies en- 
gaged in any other business, with these exceptions? 
A. I think not. 

Q. Will you swear that your deputies have given their time each 
day in the week to their duties? 

A. I think so. 

Q. Do you permit them to engage in other business ? 

A. Not in any line that would interfere with their duties when I 
desire them to act for me. 

Q. These deputies that have other lines of business, do you know 
whether they give time some days in the month to their own business? 

A, Mr. Grether tells me it takes four or five hours in the week 
to prepare his articles for the paper. 

Q. These men that have other business than their duties as depu- 
ties, have their reports disclosed that they have not charged for every 
day in each month? 

A. I don't recall that they have. 

Q. In other words, it is your impression that they have charged 
for every day in the month since they have been appointed? Notwith- 
standing the fact that they have a business of their own and have at- 
tended to it? 

A. I don't think that I have any report that shows that they 
have neglected their work with me. 

Q. I am not asking that question; isn't it a fact that these depu- 
ties have charged per diem for each day in the month since their ap- 
pointment ? 

A. "Well, I don't know about that. 

Q. Do you know of any instance in which they have not charged 
it? 

A. Really, I could not say; because they are minor things and 
unless a man wrote me that he was not on duty he has been allowed 
his per diem. 

Q. I am speaking about these three? 

A. So far as my recollection goes, those fellows have had their 
per diem during the year 1910. 

Q. Do you allow your deputies per diem on Sunday? 

A. I do. 

Q. Do they work on Sunday? 

A. Yes, sir. 



56] 17 

Q. Have yon any reports of your deputies showing what they 
have done on any Sunday? 

A. "Well, I haven't paid particular attention to that, but Sun- 
day after Sunday they have been on trips that they could not get 
home. 

Q. So far as you know you have not a single report from any 
deputy specifying any work on Sunday? 

A. This man Higgins tells me that he has been gone from home 
three weeks at a time. 

Q. Before you allow his account do you ascertain whether he was 
away from home on duty or not? 

A. No, I don't necessarily do that. 

Q. If they send in a report for thirty or thirty-one days in the 
month, you allow it without any question? 

A. Yes, sir; I would not be so exacting as to refuse to allow it. 

Q. As to their traveling expenses, you don't allow their travel- 
ing expenses unless you have asked them to make a trip ? 

A. Yes, sir; I allow them traveling expenses. The statute pro- 
vides that they must be under my direct orders and be allowed salary 
and expenses as such deputies. 

Q. You don't think it is necessary to have traveled under your 
special order. 

A. Certainly not. If a man in St. Joseph or Springfield hears of 
some work that should be done I don't consider that he should call me 
up and ask me if he should go ; I have given him orders to take care of 
the territory. 

Q. Suppose the statute had provided that a deputy should not 
be entitled to receive traveling expenses except whSn traveling under 
your special orders. Now, if a deputy were not traveling under your 
special orders and should present his account for traveling expenses 
to you. would you be justified in allowing him those expenses? 

A. No, as I interpret the law, I would not. 

(By Senator Dunwoody.) Q. Under the general instructions to 
your deputies, would not the lesser question of special instructions 
have carried with it under said circumstances the specific order that 
they were to act without direct orders from you? 

A. Yes, sir. 

(By Representative McCarty.) Q. To whom did you go for the 
construction of the law ? 

A. I have gone to the Attorney-General in a great many in- 

56—2 



18 [56 

stances, and the most of the interpretations I have placed on it my- 
self. 

Q. Are you a lawyer, Mr. Tolerton? 

Q. Have you ever gone to the Attorney-General to see if you 
should pay these men whether they worked or not? 

A. I have not. 

(By Senator White.) Q. Mr. Tolerton, I will get you to state 
if it is not a fact that the statute expressly provides that your deputies 
shall be entitled to traveling expenses only when traveling under your 
special orders? 

A. That is not my understanding of the statute. 

Q. Well, referring you to section No. 6558, of the Revised Stat- 
utes of 1909, commencing at the 3rd sentence in said section, isn't this 
the language of the third sentence: "Such statements shall include 
office rent, salary of one clerk at the rate of two and one-half dollars 
per day while said clerk is employed, salaries and expenses of deputies 
while traveling under special orders, as hereinafter provided, all neces- 
sary traveling expenses, postage, stationery, fuel and such incidental 
expenses as may be required. The State Auditor shall draw his war- 
rant for such amount, which shall be paid monthly out of the game 
fund." Isn't that the language of the law? 

A. That is the language of the section, but I take in connection 
with that section No. 49, "Deputies approved of." 

Q. Now, Mr. Tolerton, isn't it a fact that under the State Game 
and Fish law, your deputies are not entitled to receive per diem unless 
acting under your direct orders? 

A. They have an order to take care of their Congressional dis- 
trict. 

Q. Answer the question? 

A. No, I don't understand that that is the law. 

Q. Does not the statute — is this not the language of the statute — 
"Such deputies shall each receive a per diem of three dollars for each 
day while under the direct orders of the State Game and Fish Com- 
missioner to perform services in the enforcement of the fish, game and 
bird laws, and their actual necessary expenses incurred while work- 
ing under the direction of the State Game and Fish Commissioner, 
which expenses shall be paid monthly upon vouchers verified under 
oath and approved by the State Game and Fish Commissioner out of 
the game protection fund? Isn't that the language of the statute? 

A. Yes, sir ; it also states that they have the same* power and 
authority. 



56] 19 

Q. But they must act under state supervision ? 

A. Yes, sir. 

Q. And the statute requires them to act under your super- 
vision ? 

A. Yes, sir. 

Q. Now, Mr. Tolerton, do you construe this language of the 
statute here to increase their rights rather than to restrict their rights 
to receive a per diem only when acting under your direct orders? 

A. I consider the statute to mean if I assign a man to a county 
for thirty days, he can pursue any course he thinks necessary, for he 
is given the same power I am. The statute provides that he shall 
not receive per diem unless acting under my orders. 

Q. And the statute also provides that he shall not be entitled to 
traveling expenses unless acting under your special orders? 

A. In connection with those two sections it is possible that I have 
placed too liberal a construction upon it, but the deputy service in the 
State would be of no value whatever if each and every man every 
time he heard of a violation should call me up? 

Q. You feel that you have derived such authority as you and 
your deputies possess, from the State game and fish laws? 

A. I most certainly do. 

(By Senator Buford.) Q. Mr. Tolerton, you stated in your an- 
swer a minute ago that if your deputies took time to report to you any 
violations that they heard of before they went to investigate, that 
the deputy service would be worthless; why do you make that state- 
ment ? 

A. I make the statement for this reason, and the best way to 
make it is to recite an instance — no longer than a week ago some one 
in telephoned to Kennett that there was some illegal ship- 
ment of duck on the depot platform and one of my deputies went there 
and caught a man with two barrels of duck. That is one special case ; 
I have had five hundred cases over the State. A man has been stopped 
at each incoming railroad from the state of Kansas into Missouri dur- 
ing the month of October and November, when the hunting season is 
on, and it is nothing uncommon to catch some fellow from Kansas 
hunting without a license over in Missouri. 

Q. How many convictions have been made of these fellows 
caught ? 

A. In most eases the deputies have allowed them to take out a 
license, they paying the State $25.00. 

(By Senator White.) Q. Now, Mr. Tolerton, I believe your last 



20 [56 

ansAver was that you derived such authority that you and your depu- 
ties possess from the State game and fish law? 

A. Yes, sir. 

Q. You admit that that law restricts tlie per diem to which your 
deputies are entitled to the time when they are acting under your 
direct orders, and you further admit that your deputies are not en- 
titled to receive their traveling expenses except for such time that 
they were traveling under your special orders? 

A. I don't understand that that is the law, taking the two sec- 
tions together. 1 contend — 

Q. I am not asking your construction, I am asking if that is not 
the statute? 

A. I don't think it is. 

Q. I call your attention to section 49 (being section 6566 of R. 
S.), the law governing the State game and fish commission, and ask 
you if tliis is not the language of the statute — "But such deputies shall 
be subject to the supervision and control of the game and fish com- 
missioner and subject to removal by him. Such deputies shall each re- 
ceive a per diem of three dollars for each day while under the direct 
orders of the State Game and Fish Commissioner to perform services 
in the enforcement of the fish, game and bird laws, and their actual 
necessary expenses incurred while working under the direction of the 
State Game and Fish Commissioner, which expenses shall be paid 
monthly upon vouchers verified under oath and approved by the State 
Gair.c and Fish Commissioner out of the game protection fund." 

A. Well, now if I assign a man to work — 

Q. .Is that not the exact language of the statute? 

A. Yes, sir, 

Q. Now, isn't this the exact language also of the statute, further 
— section 6558 of the R, S, of 1909 — ^"Such statement shall include of- 
fice rent, salary of one clerk at the rate of two and one-half dollars 
per day, while said clerk is employed, salaries and expenses of depu- 
ties while traveling under special orders, as hereinafter provided, all 
necessary traveling expenses, postage, stationery, fuel and such in- 
cidental expenses as may be required. The State Auditor shall draw 
his warrant for such amount, which shall be paid monthly out of the 
game fund." 

A. Yes, sir ; that is the statute. 

Q. Tliat being the exact language of the statute, and you admit- 
ting that you derive such authority as you and your deputies possess 
from this statute, where do you get your authority to allow your 
deputies their per diem when they are not acting under your direct 



56] 21 

orders, or their traveling expenses when they are not traveling under 
your special orders? 

A. Well, that is a difference of opinion of the term "direct" 
and "special." 

Q. Do you construe direct orders to mean general orders? 

A. In this instance I do not. 

Q. Do you construe special orders to mean general orders? 

A. If I had assigned a man to a special case — (interrupted) 

Q. What could have been the purpose then, of the legislature 
when they said that these deputies should only charge their per diem 
when acting under your direct orders? Don't you believe if the legis- 
lature had meant for your deputies to have their traveling expenses 
while acting under general orders, they would have said general or- 
ders instead of special orders? 

A. I don't think so, 

Q. How many instances of direct orders to your deputies can you 
recall? 

A. Well, there have been hundreds of them. Just as fast as I 
get letters telling of violations, I tell him to go. 

Q. Do you believe that you have given direct orders each day in 
the month to all of your deputies? 

A. I have, 

Q. Do you believe you have given direct orders as much as fif- 
teen days in the month? 

A. I doubt that. 

Q. Do you believe that you have given direct orders to all of 
your deputies in the State as much as ten days in the month? 

A. I expect I have, 

Q. How many instances can you recall where you have given 
special orders to your deputies to make a trip, traveling under your 
special orders? 

A. That would take half a day. 

Q. Do you believe that you have given your deputies special 
orders as to traveling under your direct orders throughout the State 
as much as ten days — fifteen days? 

A. I would say ten or fifteen days. I will tell you about a direct 
order. I would say to my deputy — I want you for the next ten days 
to see that no advantage is had by people who pay no attention to 
close and open season, in order that those who don't want to violate 
the law may have an equal chance of getting their portion of the birds 
in the State with people hunting in advance of the season. Case after 
case has been reported to me where two-thirds of their counties are 



22 [56 

hunting without a license. There are dozens and dozens of instances 
where these special orders are placed in blanket form? 

Q. Do you think you can give these orders in blanket form? 

A. Yes, sir. 

(By Representative McCarty.) Q. I believe we have an At- 
torney-General in this State to whom you can go for an opinion on the 
construction of this statute until the court decides? 

A. Yes, sir; we have. I advised with him on some things. 

Q. It is his duties to give his opinion free of charge to all State 
officers or heads of departments such as you are? 

A. I don't know what his construction is, but others have held 
that it was not a part of his duties to advise the State Game and Fish 
Commissioner. 

Q. What other attorney-general did that ? 

A. Mr. Rhodes' reports say — 

Q. I believe you said you did advise with the Attorney-General 
on certain points? 

A. Yes, sir. 

Q. Then this present Attorney-General never objected to giving 
you his opinion? 

A. No, but his office has given two or three different opinions on 
certain sections. 

Q. Do you mean to say that the Attorney-General — 

A. I mean to say that he and his office force has offered dif- 
ferent opinions on the game and fish law. 

Q. You know which is the head of that department? 

A. Yes, sir. 

Q. But you have never asked him to construe these sections 
about it? 

A. No, I haven't because my right to pay them full time was 
never questioned by the Auditor. 

(By Senator White.) Q. Do you believe that if your deputies 
or any of them traveled on railroad passes, that the State would be 
justified in paying their traveling expenses ? 

A; No, if I found one I would discharge him. 

Q, Do you know of any of your deputies that are traveling on 
railroad passes? 

A. No, sir ; I never had any such intimation ; if I knew it I would 
discharge him immediately. 

Q. Then, if any of your deputies have been traveling on passes 
you were not aware of it? 



56] 23 

A. Any deputy that could charge the State traveling expenses — ■ 
railroad fare — and ride on a pass would not stay with me twenty 
minutes. 

Q. Have you ever looked into that question? 

A. I never had occasion to, never thought of it — I never thought 
of such a thing. 

Q. They might be riding on passes without your knowledge? 

A. Yes, sir; with thirty or forty men. it is impossible to know 
of those things, 

Q. Mr. Tolerton, what has been the approximate total expenses 
for the last year for the conduct of your department? 

A. Last year, or since I have been in office, $110,545.34. 

Q. Now, Mr. Tolerton, one other line of questions and I am 
through. During the campaign of 1908. you made some trips — some 
journeys throughout the State in company with Governor Hadley? 

A. I did. 

Q. Can you give us the itinerary that you made with Governor 
Hadley ? 

A. Let me see — I think I can. I think it was on the 7th, 8th and 
9th — maybe the 8th, 9th and 10th of October. I made a trip with him 
to Southwest Missouri, covering a part of Jasper, McDonald, Newton 
and Barry counties. 

Q. You were with him all the time while he was in that section? 

A. Yes, all the time while in that section. 

Q. Were you with him in any other section of the State? 

A. I was with him several different times during the campaign 
but not on political business. 

Q. Whereabouts? 

A. Well, on the morning of the 12th of October I left St. Louis 
with him. I having an exhibit of game birds at Mt. Grove that week 
in Wright county and where I was on the program to make a talk 
of which I was advised was to be on the line of game protection and 
not political. 

Q. Where did you speak? 

A. Mt. Grove, the only public utterance I made the entire week. 
As I started to say, we left St. Louis on the 12th. 

Q. You were with Governor Hadley on that trip ? 

A. Only on part of the trip. 

Q. Leaving St. Louis on the 12th, where wfis the first place Gov- 
ernor Hadley spoke? 

A. His itinerary for the week, as I remember it, covered Craw- 
ford, Phelps, Wright and Green, St. Clair and another county or two up 



24 [56 

there. I was on my way as I stated to the Mt. Grove stock show. I 
charged up my railroad fare and expenses between St. Louis to Spring- 
field, thence to Mt. Grove and return to Springfield, thence back to St. 
Louis. 

Q. Now, were you with Governor Hadley all this time? 

A. For about three days. 

Q. You were in the party? 

A. Yes, sir. 

Q. During this trip Governor Hadley at various points made 
political speeches? 

A. He made some not political — especially at Mt. Grove. 

Q. What was that? 

A. He spoke to a crowd of school children. 

Q. Governor Hadley was campaigning for his party? 

A. Yes, sir. 

Q. You met him in St. Louis? 

A. Yes, sir. 

Q. And leaving St. Louis on the 12th of October, you went with 
him until you landed in Mt. Grove? 

A. Yes, sir; there I returned to St. Louis. 

Q. And the trip from St. Louis to Mt. Grove consumed how many 
days? 

A. Two days. 

Q. He made some addresses on that trip? 

A. Yes, sir. 

Q. You were present at that time? 

A. I was. 

Q. You charged the expense of that trip up to the State? 

A. Part of it. I charged ray expenses from St. Louis to Spring- 
field, thence to Mt. Grove, thence back to St. Louis, but I made a side 
trip with him from Cuba to Steelville and return and paid my own 
expenses, for I considered it had nothing to do with my official busi- 
ness. 

Q. But you were present with Governor Hadley on his trip which 
was a political mission? 

A. Yes, sir; and paid my own expenses. 

Q. But you did charge the State from St. Louis to Mt. Grove and 
back? 

A. Yes, sir ; I was attending to official duties. 

Q. What official duties were you attending to from St. Louis to 
Mt. Grove? 



56] 25 

A. Between St. Louis and Mt. Grove I was not doing anything, 
but I had to be in Mt. Grove. 

(By Senator Dunwoody.) Q. You say you were in St. Louis on 
the 12th of October? 

A. I left there on the 12th of October at 9 o'clock. 

Q. AVhere were you on the previous — the Saturday previous to 
that? 

A. In your county — Jasper. 

Q. How many days were you there on that trip? 

A. days. 

Q, Did you charge up your expenses for the last three days of 
that week? 

A. My recollection is that was the second week in October; my 
impression is that I went with Governor Hadley to Neosho and then 
to Sarcoxie and to Carthage. 

Q. Did you charge the State with the last three days? 

A. I did not. 

(By Senator White.) Q. If I understand it then on the 12th 
day of October, you left St. Louis in company Avith Governor Hadley 
who was upon a political mission for his party ? 

A. That is correct. 

Q. You accompanied Governor Hadley froni'St. Louis on his trip 
as far as Mt. Grove ? , 

A. Yes, sir. 

Q. During this trip Governor Hadley made a number of political 
addresses at which you were present and in company with him? 

A. Yes, sir. 

Q. And you charged your expense of that trip from St. Louis 
to Springfield and then from Springfield to Mt. Grove, and from Mt. 
Grove to Springfield and then back to St. Louis, and all this time you 
were in company with Governor Hadley, whose mission was that of 
making a campaign in the interest of his party? 

A. Not all the time. I practically left him at Mt. Grove ; he had 
a political itinery in another part of the State. 

Q. Then you were with him from St. Louis to Springfield and 
from Springfield to Mt. Grove and possibly from Mt. Grove back to 
Springfield ? 

A. He stayed in Springfield and I went back to St. Louis. 

Q. And you charged the expense from St. Louis to Mt. Grove 
and return to the State ? 

A. Yes, sir; because I was on official business, having been in- 



26 [56 

vited there by the stock show; I had been invited and accepted an in- 
vitation to come to this stock show and have on exhibition certain 
game birds and was there on official duties and did not make a single 
political speech. 

Q. Now, Mr. Tolerton, I will ask you another question. Do you 
know Mr. Orchard? 

A. Yes; I know Senator Orchard. 

Q. During the campaign of 1910, I will ask you if you saw Sen- 
ator Orchard? 

A. Yes, sir ; I think I saw Senator Orchard. 

Q. Where did you see him? 

A. At West Plains. 

Q Did you see him anywhere else? 

A. Well, I can't say that I did. 

Q. Did you have any conversation with him? 

A. Not that I remember of. 

Q. To refresh your memory, Mr. Tolerton, I will ask you if you 
did not go down to see Senator Orchard, and if you did not see him, 
and if you did not tell him that it was your information that he was 
handling the wet money down there in the interest of his party, and 
that you told him that you were going to make a thorough investiga- 
tion, and going into various parts of the State and ascertain, and if 
you did not charge the expenses of that trip up to the State ? 

A. There is not a word of truth in it. The week following the 
week I was attending to my official duties this matter came up. 

Q. What matter? 

A. The distribution of the wet money. I was told in the office 
of E. C. Crow, by Charles A. Lemp and Gus Busch that Mr. Crow was 
handling the brewery monej'- to defeat State-wide prohibition. I had 
a letter in my pocket from the postmaster and other reputable people 
in Poplar Bluff that Mr. George Orchard — not the Orchard that I first 
thought you referred to — Jim Orchard, was handling that money in 
Poplar Bluff in the interest of the Democratic ticket. Mr. Busch and 
Mr. Lemp stated if such was the case it was without their knowledge 
or consent, and they instructed Mr. Crow that if I would go to Poplar 
Bluff that they would have Mr. Orchard meet me and discuss this 
matter with me and try to come to an understanding that the money 
should not be used in the interest of any political party. 

Q. Now, Mr. Tolerton, make the matter brief. You deny that 
upon that trip, the one on which you saw Mr. Orchard, that you 
charged any of your expenses up to the State ? 

A. Absolutel^^ there i§ not a word of truth in it. 



56] 27 

(By Senator Buford.) Q. Now, on this trip that you made to 
see Mr. Orchard concerning this wet money, you drew your salary as 
a State official, did you not? 

A. I did. 

Q. And during that time you were not giving your time or at- 
tention to the official duties? 

A. None. 

Q. They went unlooked after? 

A. Yes, sir. 

(By Eepresentative McCarty.) Q. You say that you only know 
of three or four of your deputies that are engaged in other business ? 

A. All that I pay full time. 

Q. How about Mr. Kirby of Poplar Bluff? And how about J. B. 
Thompson ? 

A. He works all the time; I think more of him than any other 
man on the force. 

Q. T. H. McCaney, of Poplar Bluff? 

A. He has orders that he don't put in a single day only for days 
he is actually employed? 

Q. How about Hampton and Kem? 

A. They don't put in days only when they are actually working. 

Q. Don't you know that these men have other business? 

A. Neither Kirby or Thompson have any other business. 

Q. You never investigate your deputies to see if they have any 
other work ? 

A. I haven't any reason for that. 

Q. Can you get your deputies here? 

A. I will be glad to. 

Q. How many men at the game farm now ? 

A. Three besides Mr. Broadbend. 

Q. How many last fall? 

A. Sometimes as high as five or six while the young birds were 
being sent out. 

Q. What is the man's name? 

A. Mr. Broadbend. 

Q. What do you pay him? 

A. Three dollars per day ; he works every day. 

Q. Do you pay his traveling expenses? 

A. When he leaves town. 

Q. Did you ever make the statement that you only paid him 
sixty dollars a month? 



28 [56 

A. Never did ; he said he liad been offered a position and expect- 
ed to leave the first of April, 

Q. Now, about arrests, Mr. Tolerton, isn't it a fact that a con- 
siderable amount of these arrests are made by the constable and 
sheriff? 

A. I have instructed them to let the local officials take charge 
of it. 

Q. You have never investigated what proportion of your depu- 
ties had other work? 

A. No. 

Q. How many deputies did you have on your pay roll last year? 

A. From first to last, I had sixty-two or three, but not on full 
time. 

Q. How many on full time, 365 days in the year? 

A. Possibly twenty-two or three, the statement you have will 
show. 

Q. Have you filed your report for the year 1910 yet, with the 
Governor? 

A. Not yet. 

Q. The law requires that to be filed during January? 

A. The law requires that I shall issue an annual report to the 
Governor in January of each year, but I have delayed it in order that 
1 could give the game law up to date. 

Q. What is this paper? (Indicating.) 

A. The advance sheet of the financial department of 1910. 

Q. Of your department? 

A. Yes, sir. 

Q. That was compiled by you? 

A. I gave instructions to the stenographers and clerks as to how 
I wanted it compiled. 

Q. That statement is correct? 

A. As far as I know. 

Q. According to this statement, your department spent $110,- 
545.34 last year? 

A. Yes, sir, 

Q. In rough figures that Avas about $27,000.00 more than the de- 
partment took in? 

A. I had not figured that. 

Q. Look at the paper and see if it is true ? 

Q. Didn't your department spend about $27,000.00 more for the 
year 1910 than was taken in by the department? 

A. Yes, sir J that is correct. 



56] 29 

Q. Now, you state tliat yoii pay a large number of these deputies 
full time, do you examine their reports when sent to you to see 
whether or not they were actually working for the State? 

A. I make an examination of their weekly reports and compare 
it with their monthly letters, 

Q. Do you ever find that according to their reports that they 
were not working for the State, and if so, do you cut those days' 
pay off? 

A. I surely do. 

Q. Have you a report in your department, from one of your 
deputies wherein he says specifically that on primary election day he 
worked all day in the election? 

A. I believe I have. 

Q. Did you pay him for that day? 

A. Yes, sir; I noticed when his weekly report came in that he 
stated he did not go out of his home town on the day of the primary, 
but had stayed there presumably to vote and would perhaps not work 
that day. 

Q. Didn't his report say he worked in the election? 

A. I don't know what the report said, but I would not have been 
that exacting to cut it out. 

Q. Didn't he also say that he was circulating a petition that 
had no connection with your department ? 

A. Yes, sir. 

Q. And did you pay him for that day? 

A. I did. 

Q. Who was this deputy? 

A, J. B. V. Martin, of Independence. 

Q. How many other deputies by their reports to you, show that 
they were not working for the game department, and had you paid 
them for that day? 

A. I don't recall the number that would suggest anything of that 
kind, biTt if all of them had stated that they did not work on election 
day or the day of the primary I would not have been exacting enough 
to cut down their salary. 

Q. Even if they had been actually engaged in the election? 

A. They had no instructions from me. 

Q. If he does work not relating to your department, will your 
department pay him? 

A. If he does not leave his home to go out and do some special 
service, I don't think it would be necessary to go that far. 

Q. These deputies are mostly Republicans? 



30 [56 

A. Had several Democrats on the force and they did not work. 

Q. You had a very small proportion of Democrats, didn't you? 

A, I have five or six. 

Q. They are usually men on short time? 

A. Three hundred and sixty-five days in the year. 

Q. Do you know of any of your deputies that were actually en- 
gaged in politics during the last election? 

A. They did not have any specific orders from me to get busy 
and I would not deny them the right. 

Q. Had you paid them full time? 

A. If I had heard that they were neglecting their duties I would 
not have paid them, but I had no information of that kind. 

Q. A. D. Ranking, what district did you appoint him for? 

A. I appointed him some time in October or September, and kept 
him until December. 

(By Representative Mitchell.) Q. Have you expended any money 
belonging to the game and fish fund for yourself or in any other 
manner ? 

A. No, sir; I have not. 

Q. Have you in any instance over-charged the State for travel- 
ing expenses? 

A. I have not. 

Q. Have you ever charged the State for services not rendered, 
outside of your salary? 

A. No, sir, 

Q. Have you ever converted to your own use any of tlie pheas- 
ants, partridges — or any other of the State's property? 

A. I have not. 

Q. State if at any time, you have charged the State any board 
at Jefferson City in the absence of your family or otherwise ? 

A. No, sir. 

Q. How many birds have you purchased ? 

A. The expense shows about $25,000.00. 

Q. From whom did you purchase the same? 

A. Most of them from AVenz-Mackerson, from Pennsylvania. 

Q. State how many Republicans and how many Democratic 
deputies you have appointed? 

A. Without running the list, I could not say, but during the cam- 
paign there was no discrimination as far as discharging the Demo- 
cratic deputies or refusing them to take part in the campaign any more 
than the Republicans. 

Q. "What salary do you pay the men at tlie farm? 



56] 31 

A. With the exception of one month during the busy season 
when they insisted that they were working overtime at night and get- 
ting up early in the morning — they boarded themselves, I paid them 
$50.00, for that month I paid them $60.00 ; if I would be technical, I 
would have to pay them $3.00 per day. 

(By Representative Orr.) Q. Mr. Tolerton, the weekly reports 
made to you, you state was for your information for the work done 
by your various deputies? 

A. Yes, sir ; it was a policy of my own. 

Q. And the only information that you liave for work that is done 
is through these reports or other reports made supplemental? 

A. Yes, sir; by letters or telephone. A full report can not al- 
ways be made on the limited space on these blanks, but where they 
can not get it on the blanks, they make other reports, but when there 
is room the entire report is made on these blanks. For instance I as- 
sign a deputy to a certain line of work, tell him to go there and stay 
a week, he goes there and puts in a whole week waiting for a dynamiter 
or otherwise, and at the end of the week he writes me a letter and no 
notations are made on the weekly. 

Q. The results of his investigation are not made on these weekly 
reports? 

A. Not necessarily. 

Q. Why are these sent at all if the result of his work is not in- 
cluded in them? 

A. They are sent for the purpose of getting their expense ac- 
count on one side and showing where they were and what they were 
doing on the other. That is what the blank was prepared for. 

Q. Now, these blanks are for report of work done for week 
ending blank? 

A. Yes, sir. 

Q. And then the report sent in by these various deputies was the 
official report? 

A, In part. 

Q. Why were not more of them included in these blanks where 
there was room for them ? 

A. The work done and the explanations that they had to make 
was carried on by letter on account of the limited space. 

Q. They frequently say here — made a trip on Missouri river on 
account of seining — no violation found. That is a complete report. 

A. Yes, sir. 

Q. Now, on Wednesday, a report of a milliner in Kansas City. 



32 ' [56 

A. I have a letter from Mr. Wright saying he had confiscated 
certain plumage from certain stores. 

Q. Have you such reports in your office? ,v 

A. By letter only. 

Q. Will you get them ? 

A. Yes, sir. 

Q. Did you make an inspection of these reports each week you 
received them? 

A. Yes, sir. 

Q. You go over them yourself, do you? 

A. Yes, sir. 

Q. On Sunday, no report of anything done. Did you make a re- 
port of nothing done that day? 

A. Sure, I did. 

Q. Had he his whole pay for 365 days? 

A. Mr. Wright is designated for plumage expert^ — 

Q. Is he still with you? 

A. No, he is purchasing agent for Mr. Brown. 

Q. He was not discharged by you ? 

A. No, he resigned. 

Q. * Did you tell Dr. Holcomb that it was because he was incompe- 
tent. 

A. No, I told him that of Mr. Martin. 

Q. When was he discharged? 

A. The first of the year. 

Q. When did you discover his incompetency? 

A. I gave my office deputies instructions that whenever there 
was anj^thing in particular, to call my attention to it. 

Q. You have to certify to these things under oath; that is, you 
have to swear that the report is correct? 

A. Yes, sir. 

Q. Well, the only means you have for getting the information is 
from the weekly report? 

A. Yes, sir; some sort of a report. 

Q. And in the report there were many days they had not worked 
at all? 

A. I think they audited the account. The auditor had never 
questioned one of these accounts. 

Q. Why did the Auditor allow these accounts if you did not 
swear that they were correct? 

A. I don't know why. 



56] 33 

Q, You did verify the account of every man before it went to tho 
Auditor? 

A. Yes, sir. 

Q. Mr. Martin in one of his petitions, states that he was circu- 
lating a petition for the purpose of getting signers for redistricting 
the State? 

A. I did not see that. 

Q. Does he not say he spent all day at the polls ? 
A. I don't know. 

Q. If he did say that you would have verified and approved it. 
A. I approved his account for the month. 

Q. Mr. Wright states in one of his reports that he spent June 
22nd going to Washington, D. C, did he go there at your request? 
A. Yes, sir. 
Q. What for? 

A. He went there at my direction. 

Q. I see he was at the city hall in Kansas City to see Mr. Brown 
become mayor; was that under your direction? 
A. Not that I remember of. 
Q. Did you direct it to be done ? 
A. No, I don't remember that I did. 

Q. If it was there then, you approved the account and verified 
it? 

A. Yes, sir. 

Q. Do you remember whether or not he said he was in "my pre- 
cinct on account of the election?" 
A. I do not remember, 

Q. Now, February 23rd, if it states — worked in my district in 
order to get a good man for mayor, if that was there it was verified 
by you, and paid by the State? 

A. Yes, but I don't remember that. 

Q. Now, February 24th, if he was delegate to the Republican 
convention, that was verified by you and paid by the State ? 
A, Yes, sir. 

Q. If these statements are true then, there are five days in which 
he was working for the Republican party and you verified and ap- 
proved these statements and they were sworn to as being correct? 

A. The days mentioned he was paid for, for he was attending 
to his official duties also. 

Q. If he reported that he put in part of the time, do you take 
any means to determine what he did do? 
A. No. 
56—3 



34 [56 

Q. You accepted his statement and paid for it? 
A. Yes, sir; I don't remember seeing his report. 

(Here Mr. Orr desires to offer in evidence all of the official reports 
of the deputy game wardens, so much of them that will tend to prove 
or disprove any of the charges in this deposition to be read into the 
record at such times as the committee shall see fit to do so.) 

(The Chairman, Senator White, rules that this is proper.) 

Q. I show you a report for the week ending February 26th, 
1910, and ask you if on Friday, the 25tli of February, 1910, the re- 
port does not show the following: "I was delegate to the Republican 
convention?" 

A. The report shows it. 

Q. And you allowed him $3.00 for that day's work, approved the 
account and verified it? 

A. Yes, sir. 

Q. I notice the accounts here, he says, visited hotels and restau- 
rants ; Tuesday made the rounds of milliner dealers, Thursday, made 
the rounds of fish markets, Friday called on milliner dealers in St. 
Louis; have you any other report for the work done other than the 
work shown on the blank? 

A. His correspondence will show. 

Q. If there is any supplementary report, you have it at the 
office? 

A. Yes, sir. 

Q. Did you send Mr. Martin the petition to circulate for the peti- 
tioners for the redistricting of the State? 

A. I do not remember, I sent out some. 

Q. Then they were working at your directions when they were 
circulating the petition? 

A. No, I told them to hand them out. 

Q. "Why did you send them to them? 

A. I happened to know them. 

Q. You did not ask them to circulate the petitions? 

A. No general instructions. 

Q. Now after IMr. Martin had circvilated the petition did you 
take any note whether he did or did not circulate the petition? 

A. I don't remember whether I sent it to him or not — I 

Q. Now, do you consider the paying of $3.00 per day to a num- 
ber of men over the State a small matter, whether they work or not? 
You simply allowed it on the presumption that he did the work and 
paid the money that way? 

A. Yes, sir ; it was too small a matter to consider. 



56] 35 

Q. He states he niadu a trip to Chillicotlie, was it under your 
direction ? 

A. He had instructions to take care of the millinery business in 
the State. 

Q. If he made other reports it was supplemental, then unless you 
have something to supplement this report, then this is the result of 
his efforts? 

A. Yes, sir. 

Q. I will show you a report for the month ending April 23rd, 
1910, and ask you whether or not on Monday of the week ending 
that day, he does not report that he was at the hall attending the in- 
auguration of Mayor Brown? 

A. Yes, sir ; he also says he is at Lake ; he evidently means 

lie went on his official duties. 

Q. You have no other evidence that he was on official business, 
no other than he was at the hall? 

A. No, sir. 

Q. You did not object to him being there? 

A. No, sir. 

Q. AVhether any body else did, is a different proposition. 

Q. I show you a report ending February 26th, 1910, and ask you 
if on Wednesday of that day, he did not say he spent in the precinct 
trying to get the Republican voters out to a good man for mayor? 

A. Yes, sir. 

Q. You approved that account and it was verified and paid by 
the Auditor out of the funds? 

A. Yes, sir. 

Q. You suppressed the provisions of the statute which provided 
they should have fees for convictions and assumed to pay them a per 
diem to make up for it? 

A. Hardly that broad, but that was practically the effect. 

Q. Then you did allow them a per diem in lieu of the fees that 
they did not claim? 

A. I thought it would make up for what they did not get. 

Q. Then the deputies which secured no convictions or one or 
two conviction were away ahead by the deal? 

A. I really don't know. 

Q. Now, is a commission given to a deputy for a specified time 
or subject to your suspension? 

A. Subject to my suspension. 

Q. When a man gets a commission how does he know he is not 
to work on full time? 



36 [56 

A, Well, he simply knows that he gets no pay until further 
notice by me. 

Q. You stated you had two deputies moving among the people 
advoeating the observance of the law? 

A. Yes, sir. 

Q. Do they observe it most because , or because it is 

the law? 

A. Well, I think we get better results that way than with the 
hammer and tongs. 

Q. You stated this morning that there are many things done 
by these deputies you don't know of. 

A. These deputies I appoint go around and men that never write 
me take matters up with these deputies. 

Q. Are you personally acquainted with your deputy, Mr. S. G. 
Nibber? 

A. Well, I am not so very well acquainted with him, I have 
known him a year or two. 

Q. What is his business at home, do you know? 

A. I don't think he has any unless he is a lawyer. 

Q. I will show you a report of July 9, 1910, and ask you if the 
report of work done does not show that he is at his office the entire 
week ? 

A. It does. 

Q. And have you any other report showing what he did in the 
office that week? 

A. I possibly haven't a report showing, but he has instructions 
from me what to do. 

Q. What instructions did you give him that week? 

A. I gave him instructions to inform himself of the habits of 
every bird of Missouri; I gave him instructions to post up on such 
things. 

Q. Do you know, Mr. Tolerton, whether or not that week he re- 
ports that he is in his office, that he was doing the work instructed by 
you? 

A. No. 

Q. I will show you a report of September lOtli, and ask you if 
it does not show that he worked in his office every day except Satur- 
day? 

A. Yes, sir. 

Q. You can't tell whether that week he was doing the work 
instructed by you or not ? 

A. No, sir. 



56] 37 

Q. If you have any other information that will enlighten the 
committee you will bring it? 

A. Yes, sir. 

Q. You can't tell whether he was paid for that week or not? 

A. I suppose it was, being done under my direction. 

Q. And it is upon this that you verified the account and ap- 
proved it ? 

A. Yes, sir. 

Q, Have you a deputy named Hooker? 

A. Did have one. 

Q. Where did he operate? 

A. In the 15th Congressional district? 

Q. He is not working now? 

A. No, sir. 

Q. Why? 

A. I discharged him. 

Q. Why? 

A. I had a report from the sheriff of Barton county I think, on 
the 18th of June, 1910, that he had visited that county and had with 
him some lady supposed to be his wife, and upon investigation over 
the telephone, his wife was at home and he was arrested and plead 
guilty and paid a fine. 

Q. Did he send in an account after that arrest and prosecution? 

A. When I discharged him he sent in an account for $85.00.^ 

Q. And that was allowed? 

A. No, not a cent. 

Q, Now, did you have a man named Higgins, which I think you 
said had the distinction of being a Democrat. 

A, Yes, sir. 

Q. Did you have a report that this man Higgins was lying around 
the saloons at Rolla, is that his home? 

A. No, Salem. 

Q. Did you have reports that he was spending his time lying 
around the saloons drunk ; that he was obnoxious and offensive to the 
citizens, and that he had had a man arrested and had a suit on hands 
for malicious prosecution? 

A. I never had a report that he had handled himself any way 
but as a gentleman. I did have a complaint that he had come down 
and arrested a saloon man for killing a turkey; later the case was 
dismissed and the party lodged a suit against him for libel. 

Q. You were in Knob View with Hadley. 

A. No, I was in Mt. Grove. 



38 [56 

Q. Did you visit a saloon man there by the name of — an Italian, 
and whose name is unpronounceable, and advise him not to vote for 
Judge Holmes? 

A. No, sir, 

Q. Did you at any time while you were out as game warden? 

A. No, I was out on one trip where I was paying my expenses 
from RoUa to St. Louis, and had a talk with an Italian. 

Q. Why did you give him a card with Jesse Tolerton's name on 
it as State Game and Fish Warden? 

A. I was not in a saloon; I was on the train between Rolla and 
St. Louis when I saw him. 

Q. Were you in Cuba last year? 

A. Yes, sir. 

Q. Making a campaign speech there ? 
. A. No, on one occasion I was there on my own expense. 

Q. You said you never had seen Mr. Bailey? At whose in- 
stance did you appoint Mr. Bailey? 

A. Absolutely on my own accord. 

Q. He solicited the appointment? 

A. Never did. 

Q. When he received the commission I presume it was as much 
of a surprise to him as it would be to you. I never met with him in 
my life. 

Q. Now, Mr. Tolerton, isn't it a fact that the deputies have made 
reports of various violations of the law and they have not been prose- 
cuted because the violators has paid one dollar for a license and gone 
on? 

A. In some instances it was done at my order. 

Q. Your deputy, A. C. Wright, reports finding many aigretts 
in the various milliner stores of the State? 

A. Yes, sir. 

Q. Have you any independent recollection, outside of the report 
he made, that there was a single prosecution of any violation he 
found ? 

A. I think there was a prosecution at St. Joe ; to my knowledge, 
there has not been a single conviction. 

Q. Mr. Tolerton, an account which Mr. James filed for allowance 
with you for the month of May, and which was verified by you to the 
Auditor for allowance, he refused to pay it — the Auditor did, did he 
not? 

A. I have no account of it. 



56] 39 

Q, Mr. James made affidavit that it was correct, did lie not ? 

A. Yes, sir. 

Q. And Mr, Gordon refused to pay the account as sworn to; he 
afterwards corrected it and made another affidavit, reducing his claim 
several dollars? * 

A. I think his account off hand, was $75.00, and that it has all 
been paid with the exception of $10.00, Ten dollars still remains 
unpaid. 

Q. Botn of these accounts were sworn to, were they not, by the 
deputy ? 

A. Yes, sir. 

Q, Can you explain to the committee the discrepancy? The 
State Auditor has no discretion in the per diem? 

A. No, sir; when he called my attention to the fact that he had 
reason to believe that Harry James' expense account was not correct, 
I went over there and I told him if he would show me where it was 
not correct I would turn it down and cut out nine days of his salary, 
and he cut out $11.50 railroad fare and I said if you can prove that 
Harry James was not out of town we will never pay him ; we went 
over the matter and he turned around and paid him the $11.50 and 
I allowed him the nine days salary. 

Q. Now, did Mr. Gordon make a report to you about the ex- 
amination of Mr. James' accounts — about hotel accounts in St. James 
and various counties? 

A. My opinion was that he had put in one corner items that he 
had paid. 

(By Senator Buford.) Q. Do your deputies come to Jefferson City 
at your request or do they come to consult with you when they feel 
like there is something they should see you about ? 

A. As a rule I don't permit them to come unless I order them; 
perhaps in one or two instances one has dropped in without my orders. 

Q. Do you know that Mr. S. C. Nibber was the chairman of the 
Congressional Committee of the Thirteenth district in 1910. 

A. I did not know it in 1910, I thought he was in 1908. 

Q. Did you ever discuss political matters during 1910 with Mr. 
Nibber? 

A, Yes, sir, 

Q, You never found out he was the chairman of the 15th Con- 
gressional Committee ? 

A. I would not hesitate to have appointed him if he had been 



40 [56 

Q. But you ordered Mr. Nibber to come to Jefferson City some 
time in the fall of 1910? 

A. Yes, sir. 

Q. Did he and you discuss political matters while he visited your 
office at that time, or while he visited Jefferson City? 

A, Probably we did; he was here to take up the line of work 
to inform himself on game and birds in order that he could make in- 
telligent speeches throughout the State. I don't remember the date. 

Q. You recall talking to him while he was in Jefferson City? 

A. Yes, sir; I think he was here a part of two days. 

Q. Did he and you have any talk about the organization of the 
Republican county committee in Reynolds county while he was here? 

A. I don't remember having any conversation about that while 
he was here; possibly we did, I can not recall. 

Q. His report for September states that he left Jefferson City on 
Thursday, came home from Jefferson City on Thursday, went to Salis- 
bury on his way to Centerville in Reynolds county on Friday, and on 
Saturday went to Sabula from Centerville to see the prosecuting at- 
torney. Do you recall talking with Mr. Nibber about this Center- 
ville trip? 

A. I don't think he went there on my orders. 

Q. And he had no directions from you to make this trip? 

A. I don't recall it. 

Q. He sent in an expense account for this and was paid without 
having any directions to make this trip by you. 

A. He did have a right to go anywhere in the district he wanted 
to. 

Q. You don't recall that when he was here on Thursday that 
the Republican Central Committee or a general mass meeting would be 
held there on Saturday for the purpose of election of township com- 
mitteemen? 

A. I don't recall it. 

Q. He did not report to you that he had visited Centerville after 
leaving Jefferson City on Thursday, where he attended a mass meet- 
ing? 

A. Not unless it is in his report. 

Q. It is not in the report ? 

A. I had no information. 

Q. Do you know that Mr. Nibber during the last days of October 
and the first days of November, traveled over Washington county and 
St. Francois county, making political speeches in behalf of IMr. Eldon, 
Republican candidate for Congress. 



56] 41 

A. No, I don't know anything about that. 

Q. After you and Governor Hadley visited Rolla about the 12th 
of October, were you back at that town later? 

A. Yes, sir. 

Q, How many trips did you make after that date — that was 1910? 

A. I think I was in Rolla about October, well possibly two weeks 
later, from the time Hadley and I were there. 

Q. Do you remember having a conversation with Mr. Stroback 
or some other Republican gentleman? 

A. Yes, sir. 

Q. And after having left those gentlemen, you boarded a train 
for St. Louis, on a train on which was Mr. Mat Piazza? 

A. Yes, sir. 

Q. Did you give him your card and tell him he should vote 
against Judge Holmes? 

A. No, I gave him my card and discussed politics, but I was not 
with him ten minutes ; it was on the train between St. James and where 
I got off. 

Q. You did not instruct him then, to vote against Judge Holmes ? 

A. I told him if he was a Republican to stay with his ticket. 

Q. You did not tell him that Judge Holmes was a dry man? 

A. I don't know that he is a dry man. 

Q. If Mr. Piazza made a statement in which he says you handed 
him your card and talked with him and insisted upon him voting 
against Judge Holmes for the reason that he was a dry man, and for 
other reasons, he is mistaken? 

A. Absolutely false. That was the week I was attending to 
political matters and nothing charged to the State except my salary. 

Q. Did you send $100.00 check to the chairman of some Republi- 
can committee in the south part of the State some time ago ? 

A. Yes, sir. 

Q. To whom did you send that check? 

A. I sent several; I don't know which one you have reference to. 

Q. Did you send a check to the Republican committeeman of 
Ripley county in this last campaign ? 

A. Yes, sir. 

Q. What became of that check? 

A. It was returned to me. 

Q. Why was it returned? 

A. Suppose it could not be used to advantage. 

Q. You say you sent out several of these checks? 

A. Yes, sir. 



42 [56 

Q. During 1910 — during the time that you were sending out these 
checks were you using stenographers that were being paid by the 
State ? 

A. No, most of them were sent out by me. 

Q. Then, it necessarily took up a lot of time? 

A. Well, two or three weeks, I suppose. 

(By Representative Mitchell.) Q. In these weekly reports that 
these deputies send in, you have them to state where they will be next 
week ? 

A. I try to get them to, but it is impossible for them to tell every 
time. 

Q. Do they, in this weekly report, state what they have been 
doing during the week? 

A. They are supposed to, but sometimes the information is such 
that they have to write me a two or three page letter, they can't get 
it on the report. 

(By Representative McCarty.) Q. Did you have any of your 
deputies to state or write you that they did not think they were en- 
titled to the full 365 days in the year whether they were working or 
not? 

A. No, I have had no such statements. 

Q. How did they come to claim the 365 days whether they were 
working or not? 

A. Well, the St. Louis deputies are there every day looking after 
confiscations, and if they did not work every day and put in full time 
I would not be so exacting as to compel them to put in every day in 
the week. When a man makes application for a deputyship, I state 
to them that they must hold themselves in readiness for my direc- 
tions. 

Q. Isn't it a fact that Mr. Osterhaut runs a real estate business in 
connection with his game warden business and does not put in all his 
time? 

A. He may be in the real estate business, but he has never de- 
clined to make a trip. 

(By Senator AVhite.) Q. I am handing you this paper now, and 
ask you if that is a blank commission, such as you issue to your ap- 
pointees ? 

A. Yes, sir. 

Q. Mr. Tolerton, I will ask you to tell me what this card is? 

A. It is what I call a card of introduction. I put the seal on this 
and it takes the place of his commission when he travels. 



56] 43 

(By Representative Mitchell.) Q. These men that you appoint 
by the year, are there no number of hours that they work a day? 

A. Well, the St. Louis men have to work day and night, but as 
a rule I put certain men in charge of certain counties and by letter 
they inform me when they get into a fight ; there are two-thirds of their 
work carried on between them and their constituents that never reach 
me. 

(By Senator White.) Q. You say some of them work day and 
night? Do you pay them extra for night work? 

A. No, they work on the same salary. 



And further deponent saith not. 

J. V. B. MARTIN, first being duly sworn, according to law, and 
upon examination by the committee, makes the following statement : 

(By Mr. Orr.) Q. Mr. Martin, you are deputy game warden? 

A. Yes, sir. 

Q. Where do you live? 

A. At Independence, Missouri. 

Q. AVhere is the territory assigned to you for your official con- 
duct? 

A. Jackson county, I guess. 

Q. Are you in the employ of the game department now? 

A. Well, I am still looking after it. 

Q. You are still deputy game warden? 

A. Yes, sir. 

Q. And have been since when? 

A. September, a year ago. 

Q. Did you have a commission from Mr. Tolerton? 

A. Yes, sir. 

Q. And have you that commission with you? 

A. I think not. 

Q. When you were given your commission, what instructions 
were given you in regard to the work? 

A. Well, my instructions were to look after the fishing and hunt- 
ing and to use my best judgment in regard to those things, making 
arrests or prosecutions or anything of that kind; that is about the 
words he used. 

Q. Now, did Mr. Tolerton tell you to go ahead and work until 
further notice? 

A. At the time I was appointed he gave me my commission and 
star, and told me to go ahead and go to work. 



44 [56 

Q. Did you put in all of your time as deputy game and fish 
warden ? 

A, Yes, sir ; I made my weekly report showing what I done. 

Q. And the days that were not on your report were the days 
you did not work? 

A. Yes, sir. 

Q. There were a good many days that you did not work, and 
that shows on your report? 

A. "Well, I did work the most of my time. 

Q. Well, there are some days you did not work, and that is 
shown on your report ? 

A. Well, if there are any. 

Q. There are Sundays that you were at home ? 

A. Well, not many, I got telephone calls during the warm weath- 
er when fishing and hunting was going on ; I got telephone calls nearly 
every Sunday, I will say nearly two-thirds of the Sundays. 

Q, The reports will show 1 

A. Yes, sir. 

Q. And when you had calls to come into the country, it will 
show ? 

A. Yes, sir. 

Q. And when you did not have calls it is shown? 

A. Yes, sir. 

Q. Now, in these weekly reports that you made to Mr. Tolerton, 
for instance, on Monday, you would report going into the country, 
if you did or if you did not, it is shown by these weekly reports? 

A. Yes, sir, 

Q. And no other reports were made ? 

A. No, sir. 

Q. And you say you made no other reports? 

A. No, sir. 

Q. The report that sent in each week is the report of the work 
accomplished ? 

A. Yes, sir. 

Q. Now, was it your duty to make arrests? 

A. Yes, sir; I have authority to make arrests. 

Q. Tell the committee how many arrests and convictions you 
secured during the life of your commission? 

A. Well, I don't know as far as the convictions are concerned, I 
did not prosecute anybody to the end of it. I made a good many ar- 
rests. 

Q. But secured no convictions? 



56] 45 

A. No; but I did find young fellows, negroes, foreigners and a 
lot of fellows that I could not understand a word they said; I made a 
good many arrests, but we did not prosecute them, for there would have 
been an expense of keeping them in jail, but I made each one come to 
town and pay $1.00 for a license. 

Q. You tried to get everybody to take out a license? 

A. Yes, sir; that was the main thing; I worked faithfully and I 
tried to see that everybody took out a license and obeyed the law. 

Q. And if he took out a license the case was dismissed? 

A. Well, I never arrested anybody that I thought I could collect 
a fine off of. 

Q. "Well, what was done with those fellows whom you thought 
could not pay for a license? 

A, I arrested them and brought them to town. 

Q. And that was the means you had of compelling them to buy 
a license? 

A, I used to catch them and take their gun away from them; if 
they could not pay for a license, I told them when they could they 
could have their gun. 

Q. In looking over your report — glancing over it — I notice you 
were called to Excelsior Springs? 

A. Well, my commission says anywhere in the State ; the law 
reads Jackson county, and all counties adjoining. 

Q. Now, I notice in your report that you were called to Excelsior 
Springs occasionally to investigate the illegal killing of squirrels? 
Who made these reports? 

A. I got a letter from Mr. Tolerton, saying that they were kill- 
ing game over there out of season. Mr. Tolerton wrote me to go over 
there and investigate it. We had had a letter from Mr. Clevenger, 
and I took his letter with me and went over there and he met me at 
Excelsior Springs. I hired a rig, and he said I can just find you plenty 
of them; he said I will show you six men who have been killing 
squirrels. 

Q. But you did not find anything ? 

A. No, sir; he said he was satisfied they were killing squirrels, 
but we never found anybody. 

Q. I notice in one of your reports you state you were in the 
country, and that you were busy circulating petitions for signers to 
redistrict the State? 

A. I don't think that you will find on my report that I went to 
the country to get signers. 



46 [56 

Q. But if the petition shows that, it is true ? 

A. Yes, sir ; as far as tliat report is concerned, Thomas fS. Dickey 
sent me the petitions; 1 did not have that petition in my possession 
three hours. 

Q. But you did circulate it ? 

A. Yes, sir; a little around in town. 

Q. Was that at the direction of Mr. Tolerton? 

A. No, sir. 

Q. But you were paid for your full day's work? 

A. Yes, sir. 

Q. I notice another time you state that you were at Independ- 
ence at the polls on the day of the election? 

A. Yes, sir. 

Q. Was that at the direction of Mr. Tolerton? 

A. No, sir. 

Q. Did anybody give you any directions there? 

A. No, sir; I am a pretty faithful worker; I tried to do a little 
work ; if you see me on the street on a day of that kind, I am talking 
and working among the people I meet; there are just a lot of people 
that want to talk to me about my work. 

Q. You are kind of a center of attraction? 

A. Well— 

Q. That was a part of your official report ? 

A. Yes, sir. 

Q. Why did you make that report as an officer if you were not 
instructed to do that work? 

A. Well, I put it on there just the way it was done ; I did not 
want anything in my report that was not as I did it. 

Q. You were making your report as an official — as the report of 
an officer? 

A. Yes, sir. 

Q. You were working at the polls for your ticket that day? 

A. AYell, some ; they kept me talking game law so much, I did 
not liave time to work much. 

Q. They were coming to you telling you of the violations of the 
law ? 

A. Well, they wanted to know about it. 

(By Senator White.) Q. Did you tell them you were too busy 
to look after the matter. You did not leave the polls that day to go 
out and investigate these fractures of the law, did you? 

A. No, sir. 



56] 47 i . , 

(By Representative Orr.) Q. And yon were paid for yonr full 
day's work? 

A. Yes, I guess I was. 

Q. In your investigations along the rivers and through the 
creeks, did you ever talk polities? 

A. Not very much. 

Q. Some ; well, you know just as well as I do, that there is no 
use to try to get around that, for a man will do that if he has any 
political ideas about him at all, 

(By Senator White.) Q. Your report shows that you came to 
Jefferson City a time or two ? 

A. No, I came once. 

Q. At whose directions did you come, you came of your own 
volition? 

A. No, we came down here — Judge Prewett, Mr. Burksnider and 
myself. 

Q. What did you come for, Mr. Martin? 

A. Well, I have forgotten what I did come for almost; but my 
expenses were paid at the other end of the road. 

Q. Your expenses coming here and back were not paid by the 
State ? 

A. No. 

Q. Did you get your per diem. 

A. Yes, I think I did. 

Q. Did you come down here relative to your official duties as 
game warden? 

A. No, I don't know that I did. 

Q. You did not? 

A. No. 

Q. How long were you here? 

A. t came down in the morning and went back that night. 

Q. That was on private business? 

A. Yes, sir. 

Q. But you were paid for your day's work? 

A. I guess I was ; I sent in my report for that day. 

Q. As working for the State that day, did you? 

A. Well, I think my report will show that I went to Jefferson 
City. 

Q. You came on private business; if you came on private busi- 
ness why did you make an official report as game warden? 

A. Well, I don't just know what we came for. 



48 [56 

Q. Who is that Judge Prewitt ? 

A. He is ex-mayor and has been justice of the peace. 

Q. Who is this other man — this third man? 

A. He is a young man ; well, I call him a young man, he has been 
in the postoffiee for several years ; he is in the bank now. 

Q. You men got together and came down here for some purpose ; 
did you talk over why you were coming? 

A. No, I don't think we did; I think we came down here in re- 
gard to — well, I think we wanted to see Governor Hadley. 

Q. It was something about the campaign was it not, Mr. Martin ? 

A. Well, it might have been something along that line. 

Q. Those men are both Republicans? 

A. No, Prewitt is a rank Democrat. 

Q. You don't know what you came for, but you do know it was 
nothing pertaining to the duties as game warden? 

A. No, sir. 

(By Representative McCarty.) Q. About how many days during 
the year, 1910, did you actually work at your special duties? 

A. Well, I don't know, some pretty nearly all the time; if I 
did not work all the time I worked part of the day; unless it was 
Sunday. 

Q. Well, you know there are fifty-two Sundays in the year? 

A. Well, my report covers most of them, where I was and what 
I done. Many Sundays I was called by telephone. 

(By Senator White.) Q. When Mr. Tolerton appointed you he 
issued you a commission? 

A. Yes, sir. 

Q. Do you remember when you were appointed? 

A. Some time in September a year ago, I don't remember the 
date. 

Q. And are you still a deputy? 

A. Yes, sir; I have never been discharged. 

Q. You still hold the same commission ? 

A. Yes, sir. 

Q. And in the discharge of your duties as a deputy, you charge 
up your per diem and your traveling expenses and turn the account in 
to Mr. Tolerton? 

A. Yes, sir. 

Q. And under this commission that you hold from Mr. Tolerton, 
your instructions are simply general, to look out and — just simply 
general, and refer you that you have such authority known as the fish 
and game law? 



56] 49 

A. Yes, sir. 

Q. And under that you felt that you were authorized to act and 
not await direct orders from Mr. Tolerton? 

A. Yes, sir, working; there was a time or two I did not act with- 
out direct orders from liim. 

Q. AVhenever you tliought the occasion demanded it? 

A. Yes, sir. 

Q. In regard to traveling expenses, in charging up those ex- 
penses, you would charge for such trips as you had made in the dis- 
charge of your duties? 

A. Yes, sir. 

Q. And you did that whether iMr. Tolerton had ordered you to 
make the trip or not? 

A. Yes, sir. 

Q. Mr. Tolerton did not direct you to specially make any trips ? 

A. Yes, sir. 

Q. When you felt that it was your duty to do so, you simply 
made these various trips and charged up these expenses without any 
special direction from Mr. Tolerton, at all ? 

A. Yes, sir. 

Q. Mr. Martin — Martin is your name, isn't it? 

A. Yes, sir. 

Q. INIr. Martin, of course you can't recall now, how many Sun- 
days you worked in the year? 

A. Oh, no. 

Q. But you think you did work a few? 

A. Yes, a good many of them. 

Q. Possibly as mucli as one-fourtli of the Sundays in the year? 

A. IMore than that. 

Q. Do you tliink you worked as much as one-third? 

A. Almost half. My reports will show that. 

Q. What is your business, Mr. Martin? 

A. Well, it is nothing excepting to look after this game business 
since I was appointed to that ; I have not tried to do anything else. 

Q. AVhat was your business at that time? 

A. I was deputy county marshal, and before that I had been in 
the butcher business for twenty-five years. 

Q. Are you the owner of a butcher shop now? 

A. No, my son is. 

Q. You live in Independence ? 

A. Yes, sir, 

56—4 



50 [56 

Q. Mr. Martin, will you say that since you have been appointed 
deputy game warden that you have put in as much as one-half of the 
time in looking after that office? 

A. I have put all of it in, I think. 

Q. Did you say that jou have put in over one-half of it ? 

A. Yes, sir. 

Q. As much as two-thirds? 

A. And then some. 

Q. As much as three-fourths? 

A. Nearly all of the time, I tell you. 

Q. Your duties consisted in hunting violators of the fish and 
game law? 

A. Yes, sir. 

Q. You say you have put in nearly all the time since you were 
appointed, and you were appointed September, 1910? 

A. Yes, I think I have. 

Q. And you say most of your time has been spent in looking out 
for persons who have violated the fish and game law? 

A. Yes, sir ; and seeing that they take out a license. 

Q. Is it any part of your duty to solicit people to take out a 
license ? 

A. I think so. 

Q. Did you have instructions to do that? 

A. Well, I don't know. 

Q. You think it is a part of your duty to require people to take 
out a hunting license? 

A. That has been my impression. 

Q. And much of this time has been spent in soliciting people to 
take out these licenses? 

A. Yes, and warning them if they did not take it out it would 
cost them a good deal of trouble. 

Q. Now, Mr. Martin, you stated a moment ago, that much of your 
time had been spent in looking for parties who might be violating the 
law? 

A. Yes, of course. 

Q. You have been acting since September, 1909; how many per- 
sons have you found violating the law? 

A. I could not say. 

Q. Roughly estimating,, have you found as many as a dozen? 

A. I have found that many in one day. 

Q. Would you say you found a dozen a day for all that time? 

A. No. 



56] .51 

Q. "Would you say you found one a day for all that time on 
an average; or would you say that you found one a week for all that 
time? 

A. Yes, more than one a week, I guess, but I don't know that it 
would be one a day. 

Q. Would you say that you found one person a week that vio- 
lated the law? 

A. I think that would come pretty near it. 

Q. Now, when you would find that person, you would place him 
under arrest, what would you then tell him? 

A. "Well, I would tell him that he was under arrest and I guessed 
I would have to take him to town and prosecute him and fine him. 

Q. And did you take them to town and fine them ? 

A. I took some of them to town and some of them I did not; if 
I found out they did not have anything to pay a fine with, then my 
idea was to get $1.00 out of them for a license. 

Q. Did you take a license then for the future or past? 

A. Future. 

Q. What did you do with them for having violated the law? 

A. I could not do anything with them. 

Q. Isn't that your duty under the law? 

A. Yes, sir. 

Q. You did not do it? 

A. No. 

Q. Did you turn them loose ? 

A. Yes, sir. 

Q. Did you have any authority under the law to do that? 

A. I took the stand that I had better get $1.00 than to make the 
State pay for keeping them. 

Q. As soon as you could get them to take a license you let them 
loose ? 

A. Yes, sir. 

Q. Were all of these people paupers that violated the law and 
unable to pay? 

A. Some of them were foreigners, and negroes and Swedes. 

Q. Did you ever see a Swede in that country that could not raise 
a few dollars? 

A. I saw a lot of them that could not raise a dollar. 

Q. Isn't it a fact that Swedes are very thrifty people? 

A. You take the kind of people that are around the cement 
factories and they are people that haven't anything. 



52 [56 

Q. Yon never prosecuted them for violating the law? 

A. No. 

Q. You simply told them that they would have to take out a 
license? 

A. Yes, sir. 

Q. Did you keep them arrested until they took out a license? 

A. Yes, sir. 

Q. Why did you arrest them before they took out a license? 

A. I wanted to know that I had that dollar first. 

Q. You kept them arrested so they would pay the dollar? 

A. Yes, sir ; and a good many I kept their guns and put it in my 
buggy until they would buy the license. 

Q. Did you tell them that they would not get their gun back 
until they would take out a license? 

A. Yes, sir. 

Q. How many of these persons who you caused to be arrested or 
arrested, were prosecuted? 

A. None. 

Q. Then you never had a trial ; you have had arrests for viola- 
tions of the game law? 

A. No. 

Q. Then the sum total is, that you have spent your time looking 
for violations and catching about one a week and holding him until 
he took out a license? Isn't that the services you have rendered as 
deputy game warden? Isn't that your own statement? 

A. Yes, sir ; that is the statement I made about arresting them 
and holding them until they paid $1.00. 

Q. That is the service you have rendered the State as deputy 
game warden since you have been appointed? 

A. Well, I don't know. 

Q. Do you think of any other service you have rendered? 

A. I have rendered a good deal of service up and down our 
streams. 

Q. Is that the service the State has paid you $3.00 a day for 365 
days in the year? Isn't that true? 

A. I guess it is. 

Q. And it has also paid you your traveling expense also? 
Isn't that true? 

A. I guess it is. 

(By Representative Orr.) You said you had a call about two 
weeks ago? 

A. Yes, sir. 



56] 53 

Q. Did you go out and look after it 1 

A. Yes, sir ; but when I got there the party was gone. 

Q. Did you make a report for the month of January, 1911, did 
you? 

A. No, sir. 

Q, Did you make a report of your trip you made out in the 
country ? 

A. No, sir. 

(By Eepresentative McCarty.) Q. Mr. Martin, you live at In- 
dependence ? 

A. Yes, sir. 

Q. What proportion of your time do you spend in Independence ? 

A. Only a day once and awhile, I am either gone in the coun- 
try some place to look after the game law or Kansas City to look after 
the fish and game market there around the fish markets ; I went some 
place nearly all the time. 

Q. How old a man are you, Mr. Martin? 

A, Seventy-two years old. 

Q. You have lived in Jackson county all your life? 

A. About forty-two years. 

(By Senator AVhite.) Q. Mr. Martin, did you travel on trans- 
portation or not? 

A. No, sir 

Q. Have you had it any time since you held this office ? 

A. No, sir; I pay my own transportation wherever I go, and I 
pay my street car fare only when I can't beat the conductor out of it. 

Q. Do you know any deputies who are traveling upon transporta- 
tion? 

A. No, never heard of one. 

(By Dr. Mitchell.) Q. Mr. Martin, isn't it a fact that these 
arrests that you have made have kept others from violating the law ? 

A. I was called to Lees' Summit and I took our constable with 
me and went down on the train and we were asked to come to catch 
some foreigners that were violating the law there on Sunday — we went 
down and captured two of them. 

Q. And made them pay a dollar a piece? 

A. Did before we left them ; I could not understand a word they 
said. AYe took them to the depot and they jabbered around. 

Q. Then you believe if you were not there there would be a 
great many more violations of the law than there is now? 

A. Yes, sir; two to one. 



54 [56 

Q, Do you think that during the 365 days in the year that you 
have put in as much as eight hours a day? 

A. I think I have; most of the time I got out I put in 12 or 14 
hours. 

Q. It makes an average of eight hours a day ? 

A. Yes, my work ever since I have been appointed will average 
eight hours a day. 

Q. The day you were in Independence at the election, did any 
of the parties notify you that you were wanted out of town? 

A. Well, I was talking game law while I was there? 

Q. You were explaining the law ? 

A. Yes, sir. 

(By Senator White.) Q. The election law? 

A. No, the game law ; I would like to have put in the whole day, 
but they did not give me a chance. 

Q. You not only worked for the Republican law, but the game 
and fish law? 

A. Yes, sir. 

(By Representative Orr.) Q. Did you vote more than once that 
day? 

A. No. 

(By Senator White.) Q. In answer to Representative Mitchell, 
you said you thought that your presence and activity there deterred 
the violation of the law, do you think the community around there 
considers it a very great terror? 

A. Yes, some of them. 

Q. There never has been a conviction or even a prosecution? 

A. No. 

Q. They simply pay a dollar and take out a license and that 
ends it; do you think that is terror to the people? 

A. For a great many of them. 

Q. Don't you think on the contrary that is the impression, that if 
they do get caught they won't be prosecuted? 

A. AVell, they haven't been prosecuted. 

(Cross-examination by Mr. Tolerton.) Q. Mr. Martin, isn't it 
a fact that I wrote you a letter some time last February asking you if 
you were putting in full time, and if it was necessary for you to still 
stay on the pay roll continually ? 

A. I do not recollect when it was; I recollect a letter from you in 
regard to it. 

Q. What was your reply ? 



56] • 55 

A. My reply was that my presence was needed, and I was on the 
go looking after it. 

Q, Then sometime in June, I wrote you another letter and asked 
you if you thought it was necessary for you to stay on and asked you 
if you did not think it necessary for you to lay off? 

A. I think I wrote you that Big '■ , Little and all the 

others needed looking after, and my presence was needed. 

(By Senator White.) Q. I believe you said Mr. Tolerton ap- 
pointed you in September, 1909? 
A. I think it was September. 

Q. You still hold a commission as one of the deputy wardens? 
A. Yes, sir. 

Q. And have held it ever since you were appointed? 
A. Yes, sir. 

Q. How long since you were put off the pay roll? 
A. I think two months the first of January? 
Q. You have not been on the pay roll since then? 
A. No, but I have done some work; I have spent as much as 
$10.00 of my own money. 

(By Dr. Mitchell.) Q. During that time you have spent $10.00 
of your own money? 
A. Yes, sir. 

(By Representative McCarty.) Q. How did you happen to do 
that? 

A. They wanted me to go out and look after it ; I knew I could 
never charge up a cent for it. 

Q. You still have full authority. 
A. Yes, sir. 

(By Senator Buford.) Q. Now, Mr. Martin, I notice on your 
report blanks, and also on quite a number of the other deputies, that 
they put in certain days at certain places, trying to explain the game 
law and insisting on people taking out a license? 
A. Yes, sir. 
Q. Have you done that? 
A. Yes, sir ; lots of it. 

Q. You have put in lots of time that way? 
A. Yes, sir. 

Q. You never lost an opportunity to insist upon a fellow, when 
he was hunting or not hunting, that they should take out a license? 
A. Yes, I wanted them to take out a license. 
Q. Then it was a fact, Mr. Martin, that you were hunting dollars 



56 . [56 

for the benefit of the game fund a great deal of the time that you 
should have been hunting violations ? 

A. It did not hinder me from hunting violations. 

(By Mr. Tolerton.) Q. ]\Ir. ]\Iartin, do you mean to tell me that 
you have ever approached a man that you did not catch in tlie act of 
hunting and ask him to take out a license? 

A. No, not unless he was hunting. 

Q. Then you never requested any man to take out a license un- 
less you found him hunting. 

A. Well, I have been standing talking, and I might say to him 
that the best thing he could do is to take out a license, for if I catch 
you hunting without a license I will arrest you. AA^hen they talked 
to me in regard to the game law, I always told them — if they haven't 
got your license and go hunting it will cost you something. 

The Joint Committee appointed by the Senate and House pursuant 
to the resolution adopted, composed of Senators White, Dunwoody, 
Buford and Representatives McCarty, IMitchell and Orr, met with all 
present except Senator Buford. 

JOHN P. GORDON, first being duly sworn on his oath, testified 
as follows : 

(By Representative Orr.) Q. You are the State Auditor, Mr. 
Gordon? 

A. Yes, sir. 

Q. It is a part of your official duties to audit the account of the 
fish and game warden of the State, and to approve them on pre- 
sentation? 

A. Yes, sir. 

Q. AVhat do you require of him before you audit his accounts, 
Mr. Gordon; I mean by that question, what do you require him to do 
with the account in the way of verifying or approving it before you 
audit it? 

A. The accounts, under the law, are all to be 0. K'd. by the 
warden, and signed by the Governor. Shortly after I had been in 
office I thought that there ought to be some plan of making out ex- 
pense accounts of all employes of all departments, and I prepared an 
expense account and delivered them to all departments. Mr. Tolerton 
came to my office and said that he required his deputies to file a weekly 
statements with him showing their itinerary and the purposes for which 
they visited each place, and showed me a weekly expense account and 



56] 57 

I said I could not very well use them in connection with the account I 
had prepared, and told him that that would be all right as long as 
he kept these Aveekly expense accounts on file in his office so I could 
see them, which he agreed to do, and we both agreed upon that plan. 
Then he did make out a monthly expense account which he had pre- 
pared himself, and his deputies were required to make affidavit to the 
correctness of that account, and that was filed in my office and I think, 
signed by the governor. 

Q. Did you ever have occasion to disapprove any of the accounts 
filed by the warden and his deputies? 

A. I objected to several of them. 

Q. Did you question the account of H. L. James, a deputy? 

A. Yes, sir. 

Q. Tell the committee in your own way, the particulars of that? 

A. I called Mr. Tolerton's attention to similar matters on several 
occasions, and he always agreed with me. I thought that the account 
of some of his deputies were exhorbitant and gave him my reasons. I 
called his attention to ]\Ir. James' account; told him I did not think 
James' accounts were correct. I had information that he was putting 
in expense accounts for time he was not giving to the State. Mr. Tol- 
erton said : go after him and catch him ; and I said all right I will catch 
him. I think that was in the month of April, May or June, 1910. Mr. 
James lived in Carrollton; I wrote to a friend at Carrollton or called 
him up over the 'phone; Mr. James had an expense account for every 
day in the month, and I had been informed that he spent a lot of 
these days at home. I called up or wrote this party and asked him 
to notice during the next month and see how many days he did spend 
in Carrollton and let me know on the last day of the following month, 
so I could compare it with the expense account he would send in. 
This party did notify me on the first day of the following month and 
claimed that Mr. James had been in Carrollton for thirteen days that 
month, 

Q. Now, did Mr. James have an expense account for that month 
for every day of the month ? 

A. Yes, sir; with the possible exception of Sunday; he had his 
per diem and expense account. I called Mr. Tolerton on the 'phono 
as well as I remember, to come to the office which he did, and I told 
him about this information that I had received, and told Mr. Tolerton 
that I did not think that he ought to be paid his expenses for these 
thirteen days, or to take the Sundays out, it would be nine days. He 
agreed with me. I told him that I did not. believe that he should b^ 



58 [56 

paid his per diem for those nine days, but that I would not have any 
right under the law to cut it out. 

Q. You construe the statute to mean that upon the verification 
and order of the game warden, and the approval of the game warden, 
of these accounts, that you have no discretion ? 

A. Under the law, I have no discretion, Mr. Tolerton agreed 
with me and told me to cut it out, and at Mr, Tolerton 's request I did 
cut out the per diem and at my own volition I cut out railroad fare, 
hotel bills, etc., for those days, which altogether amounted to about 
$58.0Q, that I cut out of his expense account and salary account for 
that month. I made some investigation of this and kept Mr. Tolerton 
fully advised as to what I discovered. 

Q. What was the result of your investigation? 

A. He claimed to have paid a hotel bill at Keytesville of four dolr 
lars; I discovered instead of him paying four dollars he was there only 
one day, and paid two dollars; at Brunswick he claimed to have paid 
two dollars; I investigated and instead of him paying two dollars he 
only paid fifty cents ; he put in a hotel bill at Bowdry Cut, and I knew 
there was no hotel at Bowdry Cut, and I cut that out on general 
principles; I knew there was no hotel there, just an ice house; he 
claimed a hotel bill of two dollars at Bosworth, he was only there for 
dinner and claimed two dollars. He claimed to have been at the 

H , at Chillicothe, and I wrote there to find out just how much 

time he was there and this party wrote that he was there some certain 
date for dinner and supper, checked out after supper and paid his 
hotel bill of $1.00. He caimed to have been at the Kupper Hotel, in 
Kansas City, I think, claimed he paid four dollars ; I found out instead 
of paying four dollars it was but one dollar. I showed Mr. Tolerton 
all these matters and he thoroughly agreed with me that I had done 
the right thing. He then sent for Mr. James. This account, Mr, 
James had sent in, he had sworn to before the county clerk as being 
a correct statement. Mr. Tolerton sent for Mr. James and he came 
to my office and I showed him what evidence I had, that the account 
was incorrect and he said he wanted awhile to straighten it up. I in 
the meantime had allowed the account less these amounts. He made 
the second statement, and he claimed in the second statement that in- 
stead of paying two dollars a day for hotel bill at Bowdry Cut, that 
he only paid fifty cents and had bought his dinner at a grocery store, 
and $1.50 was for labor that he had performed that day. He claimed 
the same at Bosworth, instead of being two dollars for hotel bill, it 
was $1,50 for labor. He made two accounts, he had sworn to both of 
them ; the first one wa§ for $86.00 expenses, and I cut $56.15 out of it, 



56] 59 

and another account that did not agree with the first one — he swore to 
both of them, and I finally told him I would not allow the account for 
he had made two sworn statements for different items, and for different 
accounts, Tolerton came to me a short time after that and said that 
James' account was all right and that he would ask me to pay him 
the balance of the per diem, which I did, as I had no discretion under 
the law. Part of the other matters I did finally pay, part of them I 
never have paid. 

Q. Did James ever explain the discrepancy in the two accounts 
he submitted? 

A. No, he could not explain them. 

Q. Did he offer any explanation? 

A. He tried; he got an affidavit from Bowdry Cut that he had 
employed some labor, but he had it in the account that it was for hotel 
bill ; he had two different statements at variance. 

Q. You stated, I think, Mr. Gordon, that the first affidavit sub- 
mitted by Mr. James was for hotel bills, that is, these items that you 
investigated was for hotel bills, the two affidavits submitted were the 
same, but the hotel bills were charged and other things inserted in 
their stead? 

A Mr. Tolerton agreed with me that the ones he could not ex- 
plain, should be cut out. 

Q. Now, Mr. Gordon, was there any other matter in connection 
with this matter that you want to state in relation to this transaction? 

A. No. 

Q. There was various statements in the you had a contro- 

versary with Mr. Tolerton about an account which he filed about 
dynamite being used in the Meramec river? 

A. The account came into the office for $186.00 for dynamiting 
the Merampc river; I looked up the law, and instead of it being one 
that the State should pay, I thought that the law had been violated, 
for there is a law in this State not to use dynamite or explosives in the 
rivers or streams, and I did not pay it. 

Q. Has it ever been paid? 

A. No, sir. 

Q. Did Mr, Tolerton say that he has authorized it at his own in- 
stance? 

A. Yes, sir. 

Q. Do you know who did it? 

A, No, the account is at the office. There are a great many ac- 
counts, and it is hard to keep track of them ; at one time there was a 
bill sent in for Mr. Broadbend for a hotel bill for his wife. 



60 [56 

Q. It had been approved by Mr. Tolerton? 

A. Yes, sir. 

Q. How much was that? 

A. I think ten dollars. I investigated it to find out who had 
stopped at the Central hotel, and discovered that it was Mr. Broad- 
bend's wife, and I did not think the State ought to pay board for this 
party, and I called Mr. Tolerton's attention to it, and he agreed that 
it should be cut out. 

(By Representative McCarty.) Q. If Mr. Tolerton made the 
statement that you did not object to them he is wrong? 

A. I told Mr. Tolerton about this fellow in the Fifteenth Con- 
gressional district. 

(By Senator Dunwoody.) Q. What fellow was that? 
A. That fellow that was arrested at Lamar? Hickle was his 
name. 

(By Senator McCarty.) Q. I believe you stated, Mr. Gordon, 
that while there were a great many of these accounts that you dis- 
approved of, and thought they were exhorbitant, yet under the law, 
when the game warden verified them, you could do nothing but pay 
them ? 

A. I doubt if I could cut them down. 

Q. If the game warden had approved them? 

A. Yes, sir. 

Q. If they had been left to you you would have reduced them? 

A. I have made several thousands of reductions. 

(By Representative Mitchell.) Q. AYould you not do that with 
a great many, did you not do that with the clerical force? 

A. I would try to; I did it with the Attorney-General's office. 

Q. You frequently call these different departments down on 
that ? 

A. Yes, it is an every day occurrence. 

(Senator Buford appeared during Mr. Gordon's examination.) 

W. A. KINSEY, being produced, sworn and examined on his oath, 
makes the following statement : 

(By Representative Orr.) Q. You are a clerk in the Auditor's 
office at Jefferson City, are you not? 

A. Yes, sir. 

Q. Now, Mr. Kinsey, do you know anything about a controversy 
which the Auditor had in the accounts of Harry L. James, a deputy 
game and fish warden of the State? 



56] 61 

A. .Yes, of course, I am the warrant clerk and I see those bills 
as they come in. After this controversy came up I was called in some 
time after it came up — before it was settled. Mr. Tolerton, James and 
Gordon were in the front office and called me in there and asked me 
about it. I don't remember all of it. 

Q. Did you do anything towards investigating the correctness 
of the accounts? 

A. Yes, sir ; in a way. I did not do very much ; I asked a party 
up there to find out the number of days — I think it was in May; I 
think this account is the May account, that is the account I have 
reference to ; he charged per diem for tlrirteen days when he was in 
Carrollton thirteen days. 

Q. Tell the committee if he charged his expense account. 

A. I could not say, I think the expense account, but would not 
say positively, but I know the per diem was there. 

Q. You made an investigation of the per diem and found that 
of the time claimed, thirteen days of it he was in Carrollton? 

A. Yes, sir; he was not out of Carrollton. 

Q. Was there any other item in the account that you in- 
vestigated ? 

A. I saw the accounts as they came in. I lived in Carrollton all 
my life and there was one item that was amusing to me. He charged 
two dollars a day for Bowdry Cut, for hotel bill; I knew there was 
no hotel there, only an ice house. I saw an account afterwards which 
stated that fifty cents was for dinner and $1.50 for labor. And at 
Bosworth, he claimed that he spent two dollars and then in the second 
affidavit he swore fifty cents was for dinner and $1.50 was for labor. 
At the Kupper Hotel, Kansas City, his first affidavit said he paid four 
dollars at the Kupper, but the manager telephoned us he stayed one 
day. There is an account at Brunswick, I could not say the amounts. 
T think he charged two dollars at the Florence ; Mrs. Sassy wrote that 
he had only paid fifty cents there for dinner or supper. 

Q. The second affidavit was made after you made your investiga- 
tion? 

A. Yes, sir; he was trying to straighten it up. 
(By Representative Mitchell.) Q. AVhat place was it he spent 
thirteen days? 

A. Carrollton. 

Q. You say you made an investigation of that? 

A. Well, I asked some parties about it. 

Q. Who were those parties? 

A. I don't like to say. 



62 [56 

Q. If they have made these charges they ought to appear, • 
A. I can get them if you want them. 

(By Representative McCarty.) Q. You had parties secure this 
information upon whom you could rely? 
A. Yes, sir. 

(By Representative Orr.) Q. Mr. Kinsey, this investigation 
that was made, in which Mr. James was not paid all he swore to in the 
first affidavit, was he able to give proof that he was entitled to it? 

A. No, it still remains unpaid — some of them ; I think they finally 
paid him that per diem; Tol^rton insisted upon it. 

(By Representative Orr.) Q. Did Tolerton insist upon him be- 
ing paid this per diem when your department said it should not be 
paid ? 

A. Tolerton insisted upon it being paid and we had no dis- 
cretion. 

Q. When he knew this man did not do the work ? 

A. Yes, sir. 

(By Representative Mitchell.) Q. Tolerton recommended this 
when he knew the man had not done the work? 

A. I know he had been told that we refused to pay it, because 
we said he had not rendered the service. He could know it because 
we refused to pay it. 

(By Senator White.) Q. Your office had told Mr. Tolerton? 

A. At first we refused to pay it because he had not rendered 
the services. 

Q. You told Mr. Tolerton that he had not rendered the services? 

A. Exactly. 

Q. Mr. Tolerton afterwards insisted upon the claim being paid. 

A. I could not tell exactly what took place betwen he and Mr. 
Gordon. 

Q. You do know whether Mr. Tolerton knew or believed that 
he had not rendered the services? 

A. I don't know what Tolerton believed. 

Q. What information Tolerton received you don't know? 

A. Our information was that he had not rendered the service ; 
what Mr. Tolerton 's was, I am unable to say. 



56] 63 



FRANK FARRIS, being produced, sworn and examined on his 
oath, testified as follows: 

(By Senator AVliite.) Q. Now, Mr. Farris, you are the Repre- 
sentative in the Legisature from what county? 

A. Crawford. 

Q. You were a candidate for the office at the last election? 

A. Yes, sir. 

Q. I will ask you if at any time Mr. Tolerton was in your county, 
and if so, what was his mission? 

A. On the 12th day of October, 1910, it had been advertised that 
Governor Hadley would speak at Cuba and Steelville, two of the larg- 
est places in my county. I was at that time engaged in my own can- 
vass and on the night of the 11th was some twelve miles north of Cuba. 
I came into Cuba that morning especially to attend the meeting to be 
held by the Governor there at noon that day. The train from St. 
Louis arrived, I think, something like 11 :30 ; I met that train and met 
Governor Hadley and Mr. Tolerton, the State game and fish warden; 
shook hands with both of them; spoke to both of them. They regis- 
tered at the McClay House, a hotel just across the street from the rail- 
road depot at which I ate my dinner on that day. The train to Steel- 
ville, which is on a branch line, left Cuba something like one o 'clock or 
a little after, and between the hours — or during the time of the arrival 
of the St. Louis train and the departure of the Steelville train, Gover- 
nor Hadley addressed a crowd on the platform erected near the depot 
platform. Mr. Tolerton was with him and I think a representative of 
some St. Louis paper — I think the Globe, and one other man whom I 
am sure I did not know. They left on the Steelville train and a meet- 
ing was held that afternoon at Steelville at our college hall which was 
also addressed by Governor Hadley ; the only train on which they could 
return from Steelville that afternoon left about a quarter after four, it 
made connection with the west bound train at Cuba at five o'clock, 
and the next point was at Rolla. 

Q. Was Tolerton with the Governor at Steelville? 

A. Yes, sir; I only knew they went to Rolla from what others 
had said. Here is a leaf of the hotel register which I cut out of the 
hotel register since the legislature met and after I understood Mr. 
Tolerton denied being there. 

Q. State what hotel register this is from? 

A. We call it the Old McClay House, it is run by a man named 
Kee at Cuba. You notice on October 12th, my name first appears and 



64 [56 

Clinton's after mine; Clinton was there running for collector and I 
signed my name under his. Down on the same page is the name of 
H. S. Hadley and Jesse Tolerton. 

Q. Hadley first and Tolerton second? 

A. Yes, sir. 

Q. This was for Wednesday, October 12th? 

A. Yes, sir; the Governor took occasion in that address to say 
things of me that were not pleasing to me and the game warden being 
in company with him, I thought I would ascertain whether he was on 
his own expense or on the expense of the State. I went to the Audi- 
tor's office and examined and found on October 12tli, he had charged 
up his account and drawn a voucher for railroad fare for $2.40, that 
is exactly the railroad fare from St. Louis to Steelville; I know for I 
have paid it every week for the last two or three years. 

Q. That was on October 12th? 

A. Yes, sir; that is charged $2.40, the exact fare from St. Louis 
to Steelville; I found he had charged three dollars for hotel bill. I 
paid fifty cents for my dinner and fifty cents for Mr. Clinton's, being 
a dollar for two. 

Q. Do you know of any service Mr. Tolerton rendered on that 
trip for the game and fish department? 

A. Never heard of it. The time as far as services were con- 
cerned, would have been limited ; he did not leave the hotel and the 
place adjacent before he took the train for Steelville, then went to the 
college hall to deliver the address. 

Q. During all this time was he in company with Governor 
Hadley? 

A. He was when I saw him. 

Q. Have you any objection to the committee retaining this leaf 
from the register? 

A. That is what I brought it for. 

Q. Did you make the statement that JMr. Tolerton afterwards 
denied being at Steelville? 

A. I understood — in fact I think I saw it in the paper that he was 
on his way to Mt. Grove, and that this $2.40 was the fare from Spring- 
field to Mt. Grove. I have been informed that that was not the fare, 
and that is why I brought this register. 

Q. Do you know what the fare is from Springfield to Mt. Grove? 

A. Mr. Wightman told me it was not that amount. 

(By Senator Buford.) Q. Was Mr. Tolerton out any hotel ex- 
pense at Steelville, or had they been provided for? 

A, There was no hotel expense there? They left Cuba at one 



56] 65 

o 'clock and went to Steelville and went to the hall and had their meet- 
ing and came back to Cuba, making connection with the west bound 
train. I was advertised to speak there, and I was to be there on the 
12 o'clock train and I understood the Governor was coming there to 
attack me and I wanted to be there to hear what he had to say. 

(By Mr. Orr.) Q. Mr. Tolerton was mixing in the crowd? 
A. Yes, sir. 

(By Representative Mitchell.) Q. Mr. Farris, do you know 
whether it is a fact or not that Mr. Tolerton stayed in St. Louis on the 
night of the 11th and left on the morning of the 12th? 

A. He said he stayed at the Jefferson Hotel on the night of the 
11th, and he claimed that the three dollars was his hotel bill. 

Q. You don't know whether it was a fact or not? 

A. No. 

Q. You don't know that he was on his way to Mt. Grove? 

A. If. he was he was taking plenty of time. 

Q. You don't know that he was invited to Mt. Grove and stopped 
at Rolla and then went to Springfield and then to Mt. Grove? 

A. If he went to Mt. Grove, he got to Cuba between 11 and 12, 
and left for Steelville after one o'clock and came back to Steelville 
after 4 and made connections which took him to Rolla and could not 
have gottten there before midnight. 

Q. You don't know that he made a speech at Mt. Grove? 

A. No. 

(By Senator Buford.) Q. At Cuba and Fteelville, when Gover- 
nor Hadley would apparently score a point against some Democratic 
candidate, would ]\Ir. Tolerton lend much force to that by cheering? 

A. I don't know what he did at Steelville, but I heard all I 
wanted to at Cuba; there isn't any doubt but what Tolerton was there 
to assist in the campaign and give as much force and volume to it as 
possible. 

A. Well, I did not hear his speech at Steelville, my wife and 
children were at Steelville. 

Q. At Cuba Mr. Tolerton accompanied the Governor during the 
time the Governor was making his speech? 

A. He occupied the front seat. My recollection is now, that he 
sat on the platform with him? 

(By Representative Orr.) Q. What time did the train get into 
Cuba? 



56-5 



66 [5G 

A. The train left St. Louis at nine o'clock and they run it in 
about two and one-half hours; got there about 11 :30. 

Q. And left Cuba when? 

A. Well, the train was held ; its time is supposed to be 12 :30, but 
it left that day about 1:30, so the Governor had about one-half hour's 
time at Cuba, maybe a little more than that. 

T. J. COPELAND, being produced, sworn and examined on his 
oath, testified as follows : 

(By Representative Orr.) Q. Mr. Copeland, you are an em- 
ployee of the Auditor's office? 

A. Yes, sir; bookkeeper. 

Q. How long have you been here? 

A. Two years. 

Q. Are you familiar with the controversy which the State Audi- 
tor had with Harry L. James, the deputy game warden, last May or 
June, over his accounts? 

A. Somewhat ; yes, sir. 

Q. Will ask you if there was not a controversy as to accuracy of 
the account which he submitted to the department? 

A. Yes, sir; for the month of I\Iay. 

Q. Did you make an investigation after the accounts which were 
made and sworn to by him had been filed? 

A. I took down the dates of his expense account which were filed 
for Salisbury, Keytesville and Glasgow. I went to Salisbury and to 
the hotels at Keytesville ; I found he had two days charged up for the 
hotel and had only been there one, and paid for one ; at Salisbury, I 
found his charge to be correct — one day and he paid for one day; at 
Glasgow I found that he had not been there at all. 

Q. AVhat did he charge for that time ? 

A. Glasgow, he charged for one day and railroad fare to Salis- 
bury and from Salisbury back to Glasgow ; I could not find where he 
had been stopping, and could not find him registered. 

Q. Is there any other statement you desire to make? 

A. Well, there is one thing — the matter of Mr. Farris being em- 
ployed in the capacity that I am at the Auditor's office, I had charge 
of the expense accounts and vouchers, and when he came in there for 
tliis information, I showed it to him. 

Q. What did the vouchers show? 

A. The vouchers showed railroad fare from St. Louis to Steel- 
ville and hotel bill for that day. 



56] 67 

Q. Does the voucher show tlie railroad fare from St. Louis to 
Steel ville ? 

A. ' Yes, sir. 

Q. Does it say where to? 

A. From St. Louis to Steelville. 

Q. You are positive ? 

A. Yes, sir. 

Q. Get the voucher and ])ring it before the committee if you 
find it dii¥erent from what you have stated. 

A. Yes, sir. 

Q. The hotel bill for three dollars, does it say Steelville? 

A. No, I think he put in three dollars for that day. 

(By Senator Buford.) Q. He does not say where it was spent? 

A. No. 

Q. Is there any other statement you care to make? 

A. This James matter, I was present when Mr. Gordon was dis- 
cussing this matter with Mr. Tolerton, and he was claiming that James 
was crooked. 

Q. Who made that claim? 

A. Mr. Gordon. He said he was crooked and was paying him 
money he was not entitled to. 

Q. AVhat did Mr. Tolerton say ? 

A. Mr. Tolerton did not have much to say about it. 

Q. Do you know of your own knowledge that Mr. James made 
two affidavits covering these same items of expense? 

A. The affidavits were filed. 

(By Representative Mitchell.) Q. Do you know of your own 
knowledge, whether Tolerton stayed in St. Louis on the night of the 
11th? You don't know whether that three dollars was for hotel bill 
in St. Louis or Steelville? 

A. I only know that his day is up on a morning at a hotel, and if 
he stayed in St. Louis that night, that night's expense was charged 
to the day before. 

Q. A man pays his hotel bill at a hotel when he goes or when 
he leaves? 

A. That is with him ; if you should go to a hotel and stay until 
tomorrow morning that would be included in that day's bill. 

Q. If I go to the hotel on the 11th and pay my hotel bill on the 
12th, what day would that be? 

A. It would l)e on the 11th. 



68 [56 

(By Representative Dunwoody.) The ordinary man would hardly 
make an account that way. 

(By Representative Mitchell.) Q. Where would he pay his hotel 
bill for the next night? 

A. On his expense account it should be — he would pay it wher- 
ever he was ; he should make each day have 24 hours. 

Q. Tli^n on the 12th, he went to Steelville, and then went some 
place else and stayed all night, that ought to go on the 12th? 

A. Yes, sir, 

Q. Then this account for three dollars, you don't know whether 
it was for his room at Steelville or some where else ? 

A. No, sir. 

(By Representative Buford.) Q. You are well acquainted with 
Mr. James, the deputy warden whose accounts have been questioned 
by the Auditor? 

A. No, not very well. 

Q. Well, you know him when you see him? 

A. Yes, sir. 

Q. Do you know if he is in town at present? 

A. I haven't seen him for a couple of days. 

Q. He has been in Jefferson City since the convening of the 
Legislature ? 

A. I don't know whether he has been here continuously, I have 
seen him a lialf dozen times. 

List of deputies appointed by State Game and Fish Commissioner 
during the year 1910, number of days employed, salary and expenses 
of each, and total amount drawn from the State Treasury by each 
during said year : 



56] 



69 



Name. 



No. 
Days 
Employ- 
ed. 



Salary. 



Expenses. 



Total. 



Z. A. Johnson .... 
H. L. James 

A. B. Dempsey . . . 

E. T. Grether 

Otto Witt 

John T. Harper. . . 

S. G. Nipper 

W. T. Reed 

C. K. Roberts .... 

B. P. Wiggs 

Oscar Taubold. . . . 
Henry Reynolds . . 
W. W. May 

F. H. Williams 

Wm. Klusmeier. . . 

A. F. Hilker 

B. W. Dillard 

H. R. Awbrey .... 
Kirby J. Smith. . . 

H. R. Melton 

Geo. W. Bailey . . . 
J. P. Kearbey . . . . 

J. P. Hampton 

J. V. B. Martin . . . 

D. H. Hatfield 

A. E. Estes 

A. D. Rankin 

W. S. Gentry 

J. H. Lueckenhoff. 
A. W. Johnson. . . . 
W. T. Keath 

E. C. Higgins 

J. B. Thompson. . . 
W. R. Harrison . . . 
R. T. Hutcherson . 
Gus. Romasser. . . . 
John F. Ritter. . . . 

I. M. Robison 

P. G. Boehner. . . . 

R. J. Grover 

T. E. Johnson .... 

A. C. Wright 

Edwing Turner. . . 
Frank Rebesman. . 
H. G. Spencer. . . . 

W. C. Reel 

Riley Turney 

S. O. Osterhout . . . 

J. H. Myers 

Jno. M. Nast 

T. N. McHaney . . . 

A. J. Hohn 

Chas Schrier 

Sam W. Warren. . . 
Hartley Broadbent 

J. M. Medley 

D. O. Etcherson . . 
J. W. Johnson .... 
Robert Grether . . . 
Henry Englke .... 
Arthur Parrish. . . . 
James Braden .... 
L. F. Nelson 



365 

334 

109 

365 

141 

365 

142 

365 

61 

365 

72 

365 

61 

44 

32 

151 

139 

365 

306 

365 

20 

365 

242 

365 

365 

31 

107 

209 

31 

365 

365 

365 

365 

147 

174 

31 

168 

365 

365 

166 

271 

365 

303 

120 

4 

151 

214 

365 

241 

365 

127 

31 

14 

18 

306 

14 

8 

3 

10 

25 

31 

31 

173 



$1,095.00 

1 , 002 . 00 

327.00 

1,095. 00 

423 . 00 

1,095. 00 

426.00 

1,095.00 

183.00 

1 , 095 . 00 

216.00 

1 , 095 . 00 

183.00 

132.00 

96.00 

453.00 

417.00 

1,095.00 

918.00 

1,095.00 

60.00 

1,095.00 

726.00 

1,095.00 

1,095.00 

93.00 

321.00 

627.00 

93.00 

1 , 095 . 00 

1,095.00 

1,095.00 

1,095.00 

441.00 

522 . 00 

93 . 00 

504.00 

1,095.00 

1,095.00 

498.00 

813.00 

1,095.00 

909.00 

360 . 00 

12.00 

453.00 

642.00 

1 , 095 . 00 

723.00 

1,095.00 

381.00 

93 . 00 

42.00 

54.00 

918.00 

42.00 

24.00 

9.00 

30.00 

75.00 

93.00 

93 . 00 

519.00 



$671.54 
767.81 
122.40 
737.24 
186.74 
1 , 000 . 23 
101.30 
819.21 

77.15 
552.18 
116.47 
424.15 
101.24 

94.35 

7.01 

358.95 

199.21 

80,25 

56.77 
1,287.10 
7.36 
400.00 
504.65 
334.91 
688.13 

83.25 
170. 
450.99 

21,77 
568.26 
407.98 
913.31 
578.49 
122.20 
265.03 

12.83 
165.29 
756.61 
815.71 



617.90 
881.75 
422 . 92 



363.00 
305.98 
466.93 
279.62 
292.94 
200 . 79 
65.28 



190.57 



136.73 



$1,766.54 

1,769.81 

449.40 

1,832.24 

609.74 

2,095.23 

527.30 

1,914.21 

260.15 

1.647.18 

332.47 

1,519.15 

284.24 

226.35 

103.01 

811.95 

616.21 

1,175.25 

974.77 

2,382.10 

67.36 

1,495.08 

1,230.65 

1,429.91 

1,783.13 

176.25 

491.68 

1,077.99 

114.77 

1,663.26 

1,502.98 

2,008.31 

1,673.49 

563.20 

787.03 

105.83 

669.29 

1,851.61 

1,910.71 

498 . 00 

1,430.90 

1,976.75 

1,331.92 

.360 . 00 

12.00 

816.00 

947.98 

1,561.93 

1 , 002 . 62 

1 , 387 . 94 

581 . 79 

158.28 

42.00 

54.00 

1,108.57 

42.00 

24.00 

9.00 

30.00 

75.00 

93.00 

93.00 

656.73 



70 



[56 



County and State licenses issued in the various counties during 
the year 1910 : 



County. 


No. 

County 
licenses. 


No. 

State 
licenses. 


County. 


No. 
County 
licen.ses. 


No. 

State 
licenses. 


Adair 


561 
585 
409 
960 
458 
550 

1,388 
657 
121 
998 

2,314 

1,334 
289 
880 
84 
964 
596 
92 
794 
263 
791 
425 
237 
436 
309 
743 
681 
311 
293 
52 
367 
368 
165 
99 
719 

1,117 
495 
461 

1,393 
492 
705 

1,289 
102 
935 
563 
313 
292 

3,018 

1,911 

1,416 
992 
302 
166 

1,620 
649 
496 
943 
729 
488 


7 

1 

9 

11 

11 

16 

1 

29 
49 
15 

1 
9 

16 

9 
9 

7 

3 
4 

26 
2 

23 
9 
3 
3 

2 
4 

7 

24 

2 

7 

100 

10 

4 

7 

4 

8 

1 

2 

534 

66 

34 

4 

12 

4 

7 

- 12 

2 




163 
815 
20) 
176 

1,207 
292 
341 

1,005 
305 
288 
898 
417 

1,166 
599 

1,200 
131 
664 
27 
695 
545 

1,285 
744 
914 
535 
297 
170 
187 
376 
603 
547 
74 
331 

1,133 
438 

1,122 
295 

2,451 

1,351 
233 
196 
845 
198 
514 
404 
218 
226 
155 
178 

1,307 
628 
263 
382 
198 
197 
196 

1,755 




Andrew 


Macon 


5 


Atchison 


Madison . . .... 


2 


Audrain 


Maries . . ... 




Barry 


Marion 


42 


Barton 


Mercer 




Bates 


Miller 


5 


Benfon 


Mississippi . 


6 


Bollinger 


Moniteau 


2 


Boone 


Monroe , 

Montgomery 


4 


Buchanan 


10 


Butler 


Morgan 


5 


Caldwell 


New Madrid 


11 


Callaway 


Newton 




Camden 


Nodaway 




Cape Girardeau 


Oregon 




Carroll 


Osage 


4 


Carter 


Ozark 




Cass 


Pemiscot 




Cedar 


Perry 


7 


Chariton 


Pettis 


34 


Chirstian 


Phelps 


18 


Clarke 


Pike 


1 


Clay 


Platte 


9 


Clinton 


Polk 


4 


Cole 


Pulaski 


2 


Cooper 


Putnam .... 


5 


Crawford 


Ralls 


2 


Dade 


Randolph 


5 


Dallas 


Ray 


7 


Daviess 




2 


DeKalb 




8 


Dent 


St. Charles 


25 


Douglas 


St. Clair 

St. Francois 


5 


Dunklin 


14 


Franklin 




1 


Gasconade 




171 


Gentry 




4 


Greene 




2 


Grundy 


Scotland 


3 


Harrison 


Scott 


5 


Henry 




5 


Hickory 


Shelby 


3 


Holt 






Howard 


Stone 




Howell 


Sullivan 


1 


Iron 


Taney 




Jackson 


Texas 


4 


Jasper 




29 


Jefferson 


Warren 


6 


Johnson 




12 


Knox 




3 


Laclede 


Webster 


2 


Lafayette 


Worth 


4 


Lawrence 


Wright 


4 


Lewis 


St. Louis City 

Totals 


2,315 






Linn 


73,261 


3,948 


Livingston 











56] 



71 



The following is a recapitulation of the receipts and disbursements 
in connection with the game and fish department for the year 1910 : 



To balance in Game Protection Fund, January 1, 1910 

To 73,261 county hunters' licenses issued in 1010 at $1.00 Qach 

To 3,948 State hunters' licenses issued in 1910 at $5.00 each 

To 56 non-resident hunters' licenses issued in 1910 at $25.00 each 

To sale of rough or scavenger fish 

To 20 Taxidermist permits at $1.00 each 

To 12 Ornithologi-sts' permits at $2.00 each 

To 4 general permits at $5.00 each 

To amount returned from quail feeding 

To amount received from sale of chickens at game farm 

To amount returned by A. W. Johnson, deputy, over-payment 

To amount received for licenses after county clerks had returned their 
supplies 



By amount retained by county clerks for issuing 77,209 licenses at 

15 cents each 

By amount postage and exchange retained by county clerks in 1910 ... . 



Total amount on hand and remitted to State Treasurer 

Disbursements. 

By Jesse A. Tolerton, Game & Fish Commissioner, salary for 1910. . 
By Jesse A. Tolerton, Game & Fish Commissioner, traveling expenses 
By amount paid deputies per diem, 12,313 days at $3.00 per day. . . . 

By amount paid deputies to cover expense accounts 

By amount paid Kirby J. Smith, clerk, 59 days at $2.50 per day. . . 
By amount paid A. F. Peterson, clerk, 306 days at $2.50 per day . . 

By amount paid, T. B. Carter, janitor 

By amount for telegraph and telephone 

By amount for freight and express 

By amount for postage 

By amount for pheasants, eggs and partridges 

By amount rent and fixtures St. Louis Office 

By amount equipping game farm 

By amount feed and maintenance of game farm and feeding quail 

1909-1910 

By amount rental of game farm on year 

By amount printing and stationery 

By amount miscellaneous expenses 



Balance in Game Protection Fund at the close of business, 1910 



.$62 , 773 . Oe 

73,261.00 

19,740.0C 

1 , 400 . OC 

100.00 

20.00 

24.00 

20.00 

18.95 

299.26 

10.00 

20 . 90 



511,581.35 
373.16 



$2 , 500 . 00 
870 . 94 

36 , 939 . 00 

19,253.24 
147.50 
765.00 
180.00 
312.00 
3,334.76 
701. 6C 

24,801.83 

268.00 

9,792.74 

5,641.52 

300 . 00 

3,506.10 

1,230.52 



$157,687.17 



$11,954.51 



$145,732.66 



$110,545.34 



$35,187.32 



HARRY L. JAMES, deputy fish and game warden, appeared be- 
fore the Joint Committee of the House and Senate, composed of Sen- 
ators White, Buford and Dunwoody, and Representatives McCarty, 
Mitchell and Orr, with Senator Buford and Representatives McCarty, 
Mitchell and Orr present, and first being duly sworn according to law, 
testified as follows: 

Question by Mr. Orr : Q. You are one of the deputy game war- 
dens appointed by Mr. Tolerton, the State Game and Fish Commis- 
sioner ? 

A, Yes, sir. 



72 [56 

Q. Mr. James, when were you appointed deputy game and fish 
warden ? 

A. I think I was appointed the 18th of August, 1908 — 1908 or 
1909. 

Q. 1909, I expect it was? 

A. Yes, one or the other. 

Q. You have been constantly engaged in that business of deputy 
game and fish warden ever since ? A. Yes, sir ; I have been ever since 
that time. 

Q. And were given a commission by the Fish Commissioner? A. 
Yes, sir. 

Q. Now at the time you received your commission, did you have 
any instructions or directions other than that embodied in the com- 
mission ? 

A. No, sir; that was all, just to look after the interest of the 
game and fish law, and to see they were not violated. 

Q. Now since that time, have you ever had any orders from the 
Game "Warden as to j^our duties? 

A. No, sir ; only just by the instructions. 

Q. And how were these instructions given? 

A. "Well, there would be parties at certain places would write 
Mr. Tolerton in regard to certain violations being committed at certain 
places, and he would write me a letter to investigate the matter and 
report to him. 

Q. You made some trips without instructions from him? 

A. 0, yes;- 1 was instructed to go — and I had liberty to go over- 
the Second Congressional district as I saw fit. 

Q. You had the Second Congressional district to go over and 
look after conditions in the district? 

A. Yes, sir. 

Q. And on all these trips you never had any special order or 
commission in regard to any special trips to make? 

A. No, sir ; not all of them, except a general run of duties. 

Q. Where something extraordinary came up he would call your 
attention to it and tell you to go and investigate that, would he? 

A. Yes, sir; yes, sir. 

Q. But a great many times you went without instructions of that 
kind to investigate any special thing? 

A. Yes, sir. 

Q. The year 1910, did you put in all your time as deputy game 
warden at work? 



56] 73 

A. Yes, sir; I think every day of the year, 1910 — I think there 
was thirty-one days I didn't work, 

Q. Why were you not working at deputy game warden business 
during these thirty-one days? 

A, I think I was off on account of the sickness of my wife — at 
home, in July. 

Q. In the month of July, you didn't work any? A. Well, I 
didn't put in any claim for that; I did do some work though, I went 
out one or two days, I made a trip to Moberly, and somewhere else, 
I think, but I made no claim ; it was ten or twelve dollars, and I never 
put in any claim for it. 

Q. Now you worked over the Second Congressional district, how 
many arrests did you make 1 

A. Well, let's see, four or five, I think four or five in Chariton 
county. 

Q. Any others? 

A. Then we 'had one up in Grundy county and one in Linn 
county. 

Q. Take the Chariton county cases, five of them ; did you prose- 
cute these cases'? 

A. Yes, sir. 

Q. What was the result? 

A. It resulted in the conviction of Clark, who maintained a fish 
dam on the Chariton. 

Q. Convicted by a jury? 

A. Yes; convicted by a jury of twelve men and they fined him 
$50.00 and costs ; and then there was other indictments of informations 
against him, and he plead guilty to those two, and he was fined in each 
of these cases $50.00 and costs with a stay of execution on the last two 
for good behavior. The other was a boy by the name of Rice for fish- 
ing in the Chariton; he was tried and acquitted. 

Q. The next case? 

A. The next case was a fellow by the name of Johnson. 

Q. What was done with that case? 

A. He was tried before a justice of the peace. 

Q. With what result? 

A. Acquittal. 

Q. Take the Linn county case? 

A. These cases — 

Q. What was the result of tlie Linn county case? 

A. That was never got into court at all. 



74 [56 

Q. And the Grundy county case? 

A. That was thrown out of the court. 

Q. Tlien the conviction of Clark was the only one you had in 
your territory? 

A. Yes, in my territory. 

Q. Now, Mr. James, I will ask you to examine these reports ; they 
are the reports sent in by you, are they? 

A. This is all my hand-write. 

Q. You were required to make a weekly report of the work done, 
to the game warden? 

A. Yes, sir. 

Q. And these reports were weekly reports that you sent to the 
warden, were they not? 

A. Yes, sir. 

Q. For work that you did, that w';s reported on these blank re- 
ports during the week — or during each week? 

A. Yes, sir. 

Q. And these reports show all the work you accomplished in the 
Second Congressional district? 

A. Yes, sir. 

Q. Together with your expense account for the time spent, do 
they not? 

A. Yes, sir. 

Q. Now if your records show that you were in Carrollton on Sun- 
day you were not working on these days, were you? 

A. No, sir; I was ready for duty, though, if any action came up, 
sometimes I w^ould be out, sometimes I would not. 

Q. But there were sometimes you spent Sunday in Carrollton 
and did not perform any official duty? 

A. Yes, it is true in a sense ; but I was ready for any call, so 
he would know where I was and could place me ; sometimes I would 
go and look after Sunday shooting in our county and not make any 
report of it. 

Q. Now, ]\Ir. James, where is Bowdry Cut? 

A. Bowdry Cut is six miles south of Carrollton. 

Q. What is it. A. It is a place made there from an overflow 
in '85 ; it runs from one hundred to three hundred yards wide, a deep 
place and a great fishing resort. 

Q. Is there a hotel there? 

A. Yes, a Tcllow runs an eating housc^ there, l)y the name of 
Phillips. 



56] 75 

Q. What does he serve? A. Canned ^oodn, catinf? place and 
his wife does the cooking. 

Q. Your report shows you paid $2.00 for board in one day and 
paid it to this eating lious(!? 

A. Yes, I paid that there to Phillips and I have his receipt for 
these things somewhere, I don't know whether you have them or not. 

Q. Now Mr. James, did you have any instructions from the game 
warden to enforce the collection of licenses in your territory? 

A. You mean in a general way? 

Q. Well, for instance, you find a man hunting without a license, 
had you any authority to collect license from him? 

A. No, not that way ; all I did was to go after them. 

Q. Now what other official results did you accomplish, Mr. James, 
other than the prosecution of these men you have spoken of? 

A. I talked to the farmers to take care of the quail, and got them 
interested and the hunting club fellows agreed to help me out, and 
we could find them out; we didn't aim to put a fellow in jail if we 
could help it, if we found a fellow that did — 

Q. You did have instructions about getting men to take out 
licenses ? 

A. Yes, sir. 

Q. And to collect the license? 

A. No, sir; I never collected any license. 

Q. You had no authority or claim to collect licenses? 

A. No, sir; only to send men to the county clerk, and see that 
they got licenses. 

Q. Did you see any violators of law, hunting without license? 

A. No, sir. 

Q. Did you have any one go and get licenses at your instruc- 
tions ? 

A, 0, yes. 

Q. Were they hunting without license? 

A. No; I heard people come and ask whether they should take 
out license, and I would tell them it was the law, and that they would 
have to do it. If they didn't it would be reported and they would be 
picked up sometime or another. 

Q. How many took out license at your instructions? A. I have 
no idea. 

Q. But it was your practice to make these trips over your district 
without special insti-uctions from the game warden to go and make 
them ? 

A. Yes, sir. 



76 [56 

Q. And you charged up your expense account and per diem for 
such trips as you would make yourself? 

A. Yes; I Avould be called by different J. P's. over to a certain 
place? ' 

Q. And you would go at the instruction of the J. P's? 

A. Yes. 

Q. Can you answer that question about the number of licenses 
taken out at your instruction or request 1 A. No, sir ; I have no idea. 
No, sir, not all over the district ; I wouldn 't have no idea at all. 

Examine the witness gentlemen, if you wish. 

(Question by Senator Buford.) Q. Doctor Mitchell, do you de- 
sire to ask any questions? 

Dr. Mitchell. A. No, sir. 

That is all. That is all. Witness excused. 

MR. HARRY L. JAMES is here recalled for further examination, 
and testified as follows : 

(Question by Mr. Orr.) Q. Now Mr. James, you had some dif- 
ficulty with the State Auditor, Mr. Gordon, in regard to an expense ac- 
count of yours? 

A. Yes, sir; trip to Brunswick, of two dollars. 

Q. Expain the matter? 

A. I was down there afterwards, and I got Mr. Sashey, who runs 
the Florence Hotel at Brunswick, to give me a receipt where $2.00 was 
paid him, and Mr. Gordon, the Auditor, has a receipt from somebody 
for fifty cents; I don't know who took the receipt, it isn't Mrs. Sashey 's 
hand write. 

Q. Have you the receipt from Mrs. Sashey ? 

A. Ben White has it. 

Q. Senator White ? 

A. Yes, sir. 

Q. Now, Mr. James, there was also a discrepancy in your per 
diem of thirteen days, which the Auditor held up for a while? 

A. Yes, sir. 

Q. Now tell the committee whether or not on these thirteen days 
you were at work that month? A. Yes, I was at work, because they 
got a receipt — I think some $22.00 was taken out for mileage and Mr. 
Tolerton held up $27.00 of my pay, and he found out when I got these 
receipts, showing that everything was all right, and that I had been to 
all of these places; he sent it back to Mr. Gordon, and Mr. Gordon paid 
the amount of money held up, and Mr. Tolerton gave me the money 
per diem — three dollars per day. 



56] 77 

Q. There is nothing held np now against you at all for your 
claim for that time? 

A. I think I have a receipt for everything, but three or four dol- 
lars; there's some things, I don't know what, probably riding on pull- 
man, I was out that much any way — bus fare or something. 

Q. That's the only amount due you that is being held up? 

A. Yes, sir. 

Q. Did you explain satisfactorily to the game commissioner and 
the State Auditor, the discrepancy in your account, for all the items? 

A. What is your question? 

Q. Did you explain satisfactorily to them the items that were 
in question in your report? 

A. Yes; that $1.50 at Bowdry Cut, I got a receipt from Mr. 
Phillips and he expained it in his receipt, and that $1.50 at Bosworth — 

Q. Did you or not, make a statement that at Bowdry Cut, it 
wasn't two dollars for board, but a dollar and a half of it was for 
labor ? 

A. Yes; I put it down all for board. 

Q. But a dollar and a half was for labor ? 

A. Yes, sir. 

Q. And fifty cents was for board? 

A. Yes, sir. 

Q. I understood you to say you paid Mr. Phillips $2.00 for board? 

A. No; I paid him two dollars for the whole thing; he runs the 
eating house and he runs the boats on the river, and he helped me 
some down there, that was a hard place to keep fellows from seining. 

Q. Who did you pay a dollar and a half to for labor? 

A. Mr. Phillips. 

Q. Who did you pay the fifty cents to ? 

A. The same party. 

Q. Paid both items to the same man? A 

A. Yes, sir. 

Q. Did you or did you not, say you had a similar experience at 
Brunswick ? 

A. No, sir ; that was all board, that was meals. 

Q. You didn't make any statement to the contrary? A. No, 
' sir; not down there. 

Q. Was there, or was there not a discrejpanc'y in your accounts 
at Glasgow? 

A. Yes, but that was all straightened up. 

Q. But at Bosworth, there was a similar discrepancy? A. Yes, 
^ a fellow by the name of Calvert, a dollar and a half I paid for labor, 



78 [56 

lie lived near Grand river, and he helped me there with the boats. 

Q. Then fifty cents of that was for board? 

A. Yes, sir, 

Q. But you charged up in your report, all board? 

A. Yes, sir. 

Q. How did you happen to charge these things to board when 
tliey didn't happen to be for board? 

A. Well, there was no place there for "labor," and I just put it 
down in the hotel account. 

Q. There is a space here for miscellaneous items, isn't there? 

A. Yes, sir; there is a place there for miscellaneous items. 

Q. For instance, for the week ending February 5th, you have 
item "boat on river, $1.00?" 

A. Yes, sir, 

Q. How was it you didn't insert "labor" one dollar and a half? 

A. How was that? Question repeated. 

A. No answer. 

Q. You say "boat on river, one dollar, and in another item in 
the same report you say "getting birds home one dollar and a half," 
explain that? 

A. That was for getting them birds home for Jim Goodson. 

Q. Yes, I understand, but my question is this — 

A. Well, I never thought about itemizing that other, I put it 
down there as "hotel" and Mr. Jest wrote and told me that I must 
itemize these things. 

Q. When did this discrepancy for labor and board take place? 

A. In May, I tliink. 

Q. Before this, you were itemizing your account, your reports? 

A. Sometimes I did, sometimes I didn't. He told me then that I 
must itemize everything. 

Q. After you had this trouble ? A. Yes, he told me before that, 
I ouglit to be particular and itemize everything, 

Q. When you leave Carrollton for Brunswick, what time do you 
leave Carrollton? 

A. Sometime in the morning, 

Q. What time does your train get out of there? 

A. Nine forty. 

Q. You have breakfast at home ? 

A. Usually. 

Q. You go to Brunswick and charge two dollars for that day ? 

A. Yes, sir. 



56] 79 

Q. If you had breakfast home then you didn't pay fifty cents for 
your breakfast, then°^ 

A. It probably run over till the next morning, that Avould make; 
two dollars. 

Q. Well, then, for instance you charge for every day in the week 
$2.00, the next morning's breakfast would be counted in on the next 
day's board? 

A. It might be. 

Q. Then you charge two dollars for the next day's board, also? 

A. No answer. 

Q. Now you have "from Carrollton to Brunswick for the week 
ending March 12, Carrollton to Brunswick, $2.00, on the 7th day of 
.March, and you leave home at nine o'clock in the morning, after break- 
fast ? 

A. Yes, sir. 

Q. Then you charge hotel bill, $2.00 ; railroad fare, 60 cents ; bus 
fare, 10 cents; now where did the two dollar board bill come in for 
the 7th, Mr. James? 

A. There is six days out, and thirteen days — the seventh day I 
didn't charge anything at all here. 

Q. But you charge $2.00 for the 7th, leaving home after break- 
fast — how did you get that amount that day? 

A. I just put it a dollar and a half, take two dollars and that 
would make a dollar and a half down here. 

Q. Then this report is not correct according to the way you spent 
the money? 

A. Yes, it is. 

Q. Then you didn't spend two dollars for board on the 7th, you 
only spent a dollar and a half if you got your breakfast at home? 

A. I don't remember. 

Q. You couldn't have spent two dollars for board that day? 

A. I might have done it. 

Q. In what way, you left home after breakfast, you only had 
dinner and supper and bed for that day, that would be $1.50 for that 
day, would it not? 

A. Well, I don't know how that would be, it run down to a dollar 
and a half there and on one of them days it is $2.50, I don't think — I 
don't know how that would be — I paid it out any way. 

Q. I am not questioning that, but can you tell the committee how 
it is you seem to charge $2.00 a day liotel bill straight through? 

A. Yes, sir. 



80 [56 

Q. And you really kept no account of the items, simply charged 
yourself up with $2.00 a day board or hotel bill, straight through? 
A. Yes, when I was out, that 's the way I did it. 

(Question by Senator Buford.) Q. Mr. James, you didn't keep 
close track of a good many items on your accounts? 
A. No, sir ; I did not at that time. 

Q. You drew your pay straight for January and February? 
A. When was that? 
Q. For this year, 1911? 
A. No, no. 

Mr. Orr, interrupting. Q. Why? 

A. There was no fund appropriated for that purpose. 

Q. But you have your account in ? 

A, Yes, sir; I am still on the force, when the appropriation is 
made I expect pay, of course. 

Q. Is it the custom to pay deputies straight time ; is that in force 
this year the same as last year ? 

A. Those that are working, I suppose it is. 

Q. Have you turned your account in for January and February? 

A. Yes, sir — no, I haven't for January and February — I have for 
the January account. 

Q. That's for thirty-one days, I suppose? 

A. No, the report will show just how many days, I think it is . 
about three weeks I put in. 

Q. You have been sitting around the Legislature here, haven't 
you, the most of the time? 

A. Yes, sir ; a good deal of the time. 

Q. You have been working in behalf of the protection of game 
during the time you are here, I suppose? 

A. Yes, sir. 

(Question by Mr. Mitchell.) Q. In putting these little board ac- 
counts in, would you sometimes include bus fare and things of that 
kind? 

A. Yes, sir ; I think I did. 

Q. You didn't itemize it; you put in $2.00 for board, when some 
would be for bus hire and other incidental expenses? 

A. Yes, sir; that's what I did. 

(Question by Mr. McCarty.) Q. I believe you stated in answer 
to Senator Buford 's question that you put in a good share of your 
time in January around the Legislature here, in Jefferson City, looking 



56] 81 

after the interest of the game; state to the committee how you were 
looking after the interest of the game while here? 

A. Well, we were sending out birds ; I was working in the office 
here helping compile records and helping get ready for the first of 
the year. 

Q. Were you actually working in the office or working among the 
members of the Legislature? 

A. Well, nights I was working among the members of the Legis- 
lature around town, and trying to be friendly with everybody; I'd like 
to see this thing go through, it is a matter of bread and butter with 
me. 

Q. In other words, you were kind of lobbying for it ? 

A. Well, I was just talking with the boys. 

(Dr. Mitchell.) Q. You have been giving the game commis- 
sioner advice in regard to shipments of birds? 

A. Yes, and bringing names down to them. 

Q. Finding out those that would take care of them? 

A. Yes, sir. 

Q. Helping him in this way? 

A. Yes, sir. 

That is all. That is all. Witness excused. 

MR. A. C. WRIGHT, deputy game and fish warden, being first 
duly sworn according to law, testifies as follows : 

(Question by Mr. Orr.) Q. Mr. Wright, you are one of the 
deputy game and fish Avardens, appointed by Mr. Tolerton? 

A. I have been up to the 31st of December; I am not connected 
with the department at the present time. 

Q. How did you happen to terminate your term of office ? 

A. I received an appointment in Kansas City as purchasing 
agent and I sent in my resignation. 

Q. When were you appointed deputy game and fish warden? 

A. In November, I think, 1909. 

Q. What were your instructions in addition to your commission, 
when you were appointed? 

A. I had a letter telling me about what my duties were, and what 
was expected of me ; I have no copy of it with me. 

Q. Do you know whether it is in existence or not? A. No, sir; 
I do not know, I suppose it is. 

56—6 



82 [56 

Q. Would you have any objection to sending it in to this com- 
mittee? 

A. I would not; I would like for tlie committee to understand 
my position, however, I may not be able to find that letter. 

Q. For fear you may not, tell this committee as nearly as you 
can, what your instructions were in that letter? 

A. My instructions were to properly familiarize myself witli the 
game laws and discharge my duties of tliat office. 

Q. Tliat was your general instructions? 

A. That was about the milk in the cocoanut, as I understood it. 

Q. ]n accordance there witli, you made it your duty to travel 
where ? 

A. Well, I was supposed to travel close to Kansas City, in Jack- 
son, Cass, Clay and Ray counties. 

Q. Did you confine your operations to these counties? 

A. 1 did until I was made a special deputy in the department, to 
enforce the plumage section, then I took up the entire State. 

Q. When was that done? 

A. I think it was in February, 1910. I am getting ahead of. my 
story — in Kansas City, I got in pretty close touch with Mr. AValmsley, 
and probaldy you all know that Mr. Walmsley was an enthusiast on 
this game law to enforce plumage section, that was his hobby, and 
lie gave me considerable instruction on it along the line of this plumage 
section especially, and in fact, I was made special deputy of the State 
after doing some work in Kansas City enforcing the plumage section. 

Q. In enforcing the plumage section, what were your instruc- 
tions? 

A. I was to visit all tlie millinery dealers, and suppress the sale 
and prohibit the display of plumage. 

Q. Did you find plumages, which are forbidden by the statutes, 
on display, in your rounds? 

A. Quite a bit. 

Q. AVhat did you do with them? 

A. On my first trip, I instructed the millinery dealers according 
to the law on the subject that they could not sell a bit of it, that we 
were working to enforce the plumage section of our law, tliat it hadn't 
been done for some four or five years and that we expected to and 
■wanted to instruct them, that all plumage not disposed of they must 
return to the wholesale dealers in New York and Chicago, not wishing 
to work a liardship on our State merchants. 

Q. You didn't arrest any of them? 

A. No, sir. 



Gfi] 83 

Q. Why didn't you? 

A. Well, we talked the matter over — 

Q. Who, do you mean? 

A. I mean talked it over with Mr. Tolerton and also with Mr. 
Walmsley and several other parties who were in close touch. 

Q. Mr. Tolerton advised you not to arrest these men wlio were 
transgressing the law? 

A. Well, I don't know that he instructed me not to, but it was 
my own good judgment; I think that the letter will show he wanted 
me to use my own judgnient in this matter. 

Q. And according to your judgment, Avhcn you found men vio- 
lating the law, you didn't arrest them? 

A. I didn't arrest them for the simple reason that I believed most 
of them were ignorant of the fact that they were violating the law. 

Q. Did you confiscate any of the prohibitive plumages? 

A. On my second trip I gathered up a small amount. 

Q. Wliy didn't you then make arrests and prosecutions? 

A. I don't believe I went to any dealer on the second trip and 
found any violations. 

Q. I thought you said on your second trip you did? 

A. For instance, if I go to St. Louis, it is almost a physical im- 
possibility for me to call on each and every dealer; I did the best I 
could, especially with the wholesale houses, and tried to get it sup- 
pressed from the cities of the State, that we were enforcing the laws, 
and I think the wholesale millinery dealers will bear me out in this; 
that we were aiming to instruct them and they were to instruct the 
retail dealers it was a violation of law to carry certain lines of plum- 
age; now I didn't have any particular row or fuss with anybody in 
regard to the confiscation of goods; the most I confiscated was goods 
this merchant would say, "Well I don't want this goods if it is pro- 
hibitive, take it out," and I think Mr. Tolerton has some of these 
goods now. 

Q. Now, Mr. Wright, you would go clear across the State to St. 
Louis ? 

A. Yes, sir. 

Q. And make the rounds of the millinery stores? 

A. Yes, sir. 

Q. Wasn't it better to write a letter to these men, telling them 
you were going to enforce the plumage law? 

A. We did. 

Q. And you incurred the expense of a trip across the State any 
how ? 



84 [56 

A. Yes, sit. 

Q. Did you write them letters before you went? 

A. Yes, I tliink so. 

Q. Why didn't you prosecute the men who had received letters 
from you before, who were violating the law? 

A. I told you I was governed largely by the opinion of others, 
Doctor T. S. Palmer, chief of the Biological Survey, AVashington, D. C, 
and by others; Mr. Tolerton didn't think it advisable to prosecute if 
they showed a disposition to comply with the law. 

Q. By what right did you receive instructions from Dr. Palmer 
of Washington ? 

A. No right — I didn't receive any instructions, Mr. Chairman, 
it was only a matter of advice, and I thought it better to look to people 
who had lots of experience along those lines. 

Q. You made a weekly report to Mr. Tolerton of your work 
done each week? 

A. Yes, sir ; I think so. 

Q. I will get you to examine these reports and tell the committee 
whether or not they are the reports made by you monthly, to the State 
Game and Fish Warden? 

(Witness examines reports.) A. Yes ; those are my reports. 

Q. Those are the reports you made the game warden each week ? 

A. Yes, weekly and monthly reports. 

Q. And they embody all the work accomplished during the week 
for which they were made? 

A. Yes, sir. 

Q. And the work reported in these reports was done at your 
own, on your own volition, without any instructions from Mr. Toler- 
ton, as to whether you should go or not? 

A. With exceptions. 

Q. There were exceptions — he required you to do certain things? 

A. Yes, sir. 

Examine the witness. 

(Senator Buford.) Q. None of these wholesale or retail mer- 
chants, who were found offering for sale the forbidden plumage were 
arrested? 

A. No, sir, 

Q. During your term as deputy game warden, did you arrest any 
person for hunting without license? 

A. No, sir. 



56] 85 

Q. Did you find any person hunting without license? 

A. I did on one occasion; yes, sir. 

That is all. 

(Dr. Mitchell.) Q. Why did you let him go ? 

A. Well, I will go over the whole history with you and tell you 
why ; I went over in Clay county to a little station called Linden about 
twelve miles from Kansas City; when I got off the car there were two 
young men got off at the same time with hunting clothes — garments — 
on, and I asked where they were going ; they told me ; I asked for their 
license; one man had his license, the other did not; he said to me 
that the reason he did not have his license was the fact that it was 
Monday and he didn't have any idea he was going hunting till Sun- 
day afternoon when his partner asked him to go. He said, "I couldn't 
go to the court house to get my license yesterday and I couldn't go this 
morning, because the court house wasn't open at that time of day, 
the train left at 7:30," which was true, and he showed every dispo- 
sition to be honest in the matter and told me the truth about it, and he 
told me if there was any way I could issue a license, he would be more 
than glad to pay for it, and I thought the man showed the proper spirit 
and honesty, and I told him I had no way to issue him a license, and I 
said for you to go to the court house in the morning and get your 
license; he said, "I may never go hunting again;" and I said, "^Regard- 
less of whether you go hunting or not, you go to the court house and 
get your license in the morning;" and he said he would. I turned and 
went away and didn't say anything mOre; of course, I had his name and 
address, and also the name and address of the party who was with him 
and had his license, and I thought the law was made for the purpose of 
getting people to take out licenses, and I thought I had accomplished 
just as much by his going and getting his license next morning, and aft- 
erwards 1 found out he did, and I thought it would make an enemy 
of the game law and there would be more accomplished under the method 
I pursued. 

(Question l)y Mr. Orr.) Q. Mr. Wright, in your report for Feb- 
ruary, yoli state under February 23rd, you worked ' ' in my district in an 
effort to get Republican voters in order to get a good man for mayor, ' ' 
why did you make that as an official report? 

A. I don 't know why I should ; to tell the truth about it, I think it 
is a foolish report; however, I am guilty. 

Q. You made that as part of your official report ? 

A. I shouldn 't have done it ; I see that ; but I don 't blame anybody 
]but myself for that. 



86 [56 



Q 



You charged that up to the State ? 



A. Not necessarily. 

Q. You were paid for your day 's work that day ? 

A. I was. 

Q. And reported it to the Game Warden? 

A. Yes, sir. 

Q. He approved it and allowed it ? 

A. I don't want you to hold Mr. Tolerton or anybody else re- 
sponsible for that. 

Q. I just want to get the facts. 

A. I say I am here and I did it, and will suffer the penalty ; I will 
have to suffer it. Mr. Tolerton is in nowise responsible for that report 
or that action of mine on that day; I am the party that should suffer 
for that. 

Q. On Tuesday, April 5th, you state, "I was in our precinct on 
account of our city election;" you reported that as part of your official 
conduct to your superior officer 1 

A. I can explain that in this way ; for some time past I have been 
known as precinct 

Q. ■ Excuse me, I know you are an enthusiastic Republican, but the 
only thing I am inquiring about is why you made these reports as your 
official conduct. 

■ A. I say I shauldn't have done it. 

Q. But you did do these things and were paid for them by the 
Sta,te? 

A." Yesj I guess that is true, but I think— — 

Q, - You state, Monday, April l^th, you were--at tlie city hall to see 
J\|r. Brown become mayor? 

A. I think if you will go farther back of that you will find that my 
work in the forenoon consisted in examining the commission houses. 

Q. (Handing witness report.) If you care to look at your report 
for the month of April? 

A. Does it tally with the report ? 

Q. Well, look and see, examine the entry on Monday, April 18. 

(Witness does so.) 

Q. It is correctly copied, is it not, Mr. Wright? 

A. I won't say for sure. 

Q. Well, I will read and you can compare with me. (Comparison 
is made aloud.) 

Q. That is a correct copy, is it not ? 

Q. Yes, sir ; but the only explanation I can make of that is, I think 



56] 87 

the forenoon of that day I was around the commission houses; often I 
made trips around these houses during the duck season; there were re- 
ports that ducks were being sold ; nevertheless, I will not try to get around 
the report. 

Q. You state on Monday, November 8th, ' ' This date I spent mostly 
at election booth? 

A. Yes, sir. 

Q. That is part of your official report as game warden ? 

A. I guess I am guilty. 

Q. "Why did you make that as part of your official report? 

A. I don 't know why I should make it as an official report ; I felt 
it my place to let the Department know wiiat I was doing that day. 

Q. As a Republican or as Game Warden? 

A. Well, as a combination, we'll say. 

Q. These reports of your doings in the election, of course, were 
paid for on the 0. K. of Mr. Tolerton, his approval on investigation, or 
do you know that? 

A. Well, I want to place myself right with this committee and Mr. 
Tolerton; I want to say Mr. Tolerton is in nowise responsible for the re- 
ports that I made, that is, my actions ; I did that of my own free will. 

Q. But you got pay for three hundred and sixty-five days' work 
in 1910? 

A. Yes, sir. 

Q. On approval and verification of the Game Warden? 

A. Yes, sir. 

That is all. 

(Dr. Mitchell.) Q. During that time did you put in an average 
of eight or ten hours a day the three hundred and sixty-five days? 

A. I wouldn't say I worked every day, but I have at times worked 
day and night in the neighborhood of Bean Lake and Cedar Lake and 
sometimes down about Nevada 

(Mr. Orr, interrupting.) Q. There were days you didn't work at 
all, were there? 

A. I don't think there was many days I didn't do something in 
connection with the Game Department. 

Q. There were some days, Sundays, in which you did not do some- 
thing for the Department? 

A. Mighty few. 

Q. But some days? 

A. I don't know that I can recollect. 



88 [56 

Q. Your reports show what you did do on various days ? 
A. Yes, sir. 
That is all. 

(Dr. Mitchell.) Q. Why did you resign, you say ? 
A. I said my reasons for not being connected Avith the Depart- 
ment 

Objected to by Senator Buford as immaterial. 

(Mr. Orr, continuing.) Q. You said you were purchasing agent 
for Mayor Brown, that was your purpose in, resigning ? 
A. Yes, sir. 
That is all. That is all. Witness excused. 

MR. S. 0. OSTERHOUT, first being duly sworn according to law, 
testifies as follows : 

(Question by j\Ir. McCarty.. Q. Where do you live? 

A. Hannibal, Missouri. 

Q. What is your occupation? 

A. Well, I have been deputy game warden for the past — I think, 
let's see, eighth of November, 1909, I think I was appointed. 

Q. You were deputy game warden during the year 1910, the entire 
year ? 

A. Yes, sir. 

Q. You are still deputy game warden? 

A. Yes, sir. 

Q. What territory do you cover as deputy game warden? 

A. Well, I have Marion and Lewis and Shelby and Ralls; let's see; 
well, I go up into Clark sometimes — I have been up in Clark. 

Q. What other business, if any, have you besides deputy game 
warden ? 

A. Well, now, 1 have an office, I have a real estate ofHce; that is, 
before I Avas appointed game warden I was in the real estate business, 
and I have an office in the Hannibal Trust Company, and Mr. Ackerman 
used to be a partner of mine; he has an office adjoining mine; and when 
I leave, well, in fact, all the time, the doors are open between the offices 
and he attends to anything that might come up in my office. 

Q. You still conduct on your account, and you have ever since you 
were appointed deputy game warden, a real estate office in Hannibal ? 

A. In a way, but I don't believe since I have been appointed that 
I have sold a piece of property as real estate man; I don't believe I 
have. 



56] 89 

Q. Do you collect rents or other things, incident to that busi- 
ness ? 

A. No, sir. 

Q. You are there trying to sell, are you? 

A. Well, as I say, while you may say that I have an office, that's 
about all there is to it; the office is locked up much of the time, for my 
real estate business is no good any more. 

Q. "What portion of your time do you spend in and around this 
real estate office ? 

A. "Well, I have that as headquarters whenever I am in town. Now, 
this is the way I have run, or aimed to run, the Game Warden busi- 
ness: I have felt that it wasn't worth while for a man to be out on the 
road all the time, running up and down the road and nothing doing, 
but whenever the hunting season was on I tried to be out looking after 
the fellows up and down the river where there might be hunters, and 
when in town I have been out around the fellows and down on the 
river ; I have a kind of peculiar territory ; during the duck hunting sea- 
son opposite Quincy and on those bottoms up there, we have non-resi- 
dents who used to come across there, come across the river a good deal, 
and I have put in quite a good deal of my time up through this terri- 
tory to LaGrange, and down through Hannibal territory. 

Q. Now, Mr. Osterhout, you drew pay for three hundred and sixty- 
five days for the last wear, during the year 1910? 

A. Yes, sir. 

Q. Are those your official reports that you sent in here? 

A. I suppose they are, I couldn't say (Examining.) Yes, sir. 

Q. For the year 1910? 

A. Yes, sir. 

Q. Did these reports contain the work done each day by you for 
the year 1910, and the expense itemized, during the same time? 
A. Yes, sir; no 

Q, It is a correct and true statement of both your time employed 
and where you were and also for the amount spent and what for, isn't 
it? 

A. Yes, sir; that's correct. 

Q. Did you ever think you were not entitled to full pay when you 
were doing nothing? 

A. Well, now, you know, you take for instance when I was not 
out on the road — now, I am notary public over there for instance, and 
the boys, a great many of them, come up to my office and get a license ; 
now, the county seat is Palmyra, and I encourage the fellows to take out 



90 [56 

license, and I have never charged the fellows for their applications ; they 
come up and I fill out applications, and I pay postage and send to Pal- 
myra and get their licenses, and I have quite a good deal of corre- 
spondence different places, and when I was around the office I did quite 
a bit of office work along that line. 

Q. I don't believe you answered my question. Stenographer, please 
repeat the question. 

(Question repeated as follows) : Q. Did you ever think you were 
not entitled to full pay when you were doing nothing? 

A. Well, when I was doing nothing, I don't know as that thought 
had ever occurred to me; I don't know as I— of course, if there was 
times I was doing absolutely nothing along the game line or anything of 
that kind; I don't know as I would be entitled to pay, but I have aimed 
to put in — did something every day along the game line in some 
way. 

Q. Sundays included? 

A. No, I will say that a great many Sundays I didn't go out at 
all, but there is Sundays I have gone out; before I was Game Warden 
something I never did do was to go out on Sundays, and I didn't do any 
work, but on quite a good many Sundays during the hunting season 
I did go out, and I felt when I was out I had no business being out; 
I kind of felt guilty; but at the same' time I thought it my duty. 

Q. Now, in it is a fact, Mr. Osterhout, is it not, that during the 
year 1910, for which you drew pay for three hundred and sixty-five 
days, that there were numerous days that you did not do a thing for 
the Game AVarden Department? 

A. I think that my report will show that is probably not all the 
way up, but when I wasn't on the road at all, for instance when I was 
out traveling ; say, for instance, I was patrolling in the vicinity of Han- 
nibal, doing something of that kind, that I didn't put in any expense 
for anything, but later in the year, I went ahead and said, "Patrolling 
in the vicinty of Hannibal, ' ' but earlier in the year I didn 't make any re- 
port on it. 

Q. But you had to send in these reports each week, did you not? 

A. Yes, sir. 

Q. While what you had done was fresh in your mind, of course? 

A. Yes, sir. 

Q. Now, I pick up from your list, it being the top one, your re- 
port for the month of May, 1910, and the report which contains five 
separate weekly reports, for the week ending May 7th, which said week 
contains seven days on the report, and I will ask you if it isn't a fact 



56] 91 

that you only worked one day during that week and which was Fri- 
day? 

A. I can't remember. 

Q. Look at this report and state if that isn't a fact as it appears 
from your report? 

(Witness examines report) A. Yes, that's correct, According to the 
report. 

Q. You only worked one day during that week ? 

A. According to that report. 

Q. These reports are true and correct ? 

A. "Well, as I said, for instance, we have a lot of fishermen on the 
river and if I go down on the river and get among them fellows, try- 
ing to find out whether they were seining or not, I didn't put that on 
my report, because wdien I wasn't on the road, or went up the river, I 
didn't include it in here, in my report at all; I left it blank. Instead of 
saying "Patrolling in the vicinity of Hannibal" looking after these 
fellows, I didn't include it in my report at all. 

Q. Now, while you made five separate reports for the month of 
May, four of these are for a full week of seven days each, and the 
other report is only for the balance of the month, which in that case 
would be three days, is it not ? 

A. Yes, sir; where it lapped over a day or two days, there's a 
separate report for the balance of the month. 

Q. For the week ending May 14th, I will ask you if your report 
doesn't show that there were four days during that week in which you 
did not do a thing? 

A. Yes, sir. 

Q. For the week ending May 21st, 1910, I will ask you if your re- 
port -doesn't show that there were four days in that week that you did 
not do a thing ? 

A. Yes, sir. 

Q. For the week ending May 28, 1910, I will ask you if the report 
doesn't show that there were two days in which you did not do a thing 
in the interest of the Game Department? 

A. Yes, sir. 

0. In the report which includes the balance of the month, being 
three days, I will ask you if your report doesn't show that on two of 
these three days you were not doing a thing for the Department ? 

A. Yes, sir. 

Q. Then in the month of May, 1910, your report shows that out 



92 [56 

of the 31 days in the montli, there were eighteen of these days in which 
you were doing nothing for the Department? 

A. As I said a while ago, that is according to the report; for 
instance, if I was in town and got among the fishermen 

Q. Answer my question. 

A. Yes, that's correct, but I'd like to qualify the statement that, 
for instance, if I went down on the river, which I did a great many times 
during the fishing season, I would go amongst these fishermen down 
there to see whether I could see any fellows doing any illegal seining 
or illegal netting; I had fellows there who were watching, and I would 
hear this one say if you will watch so and so, you will get some nets ; 
while it was right and proper I should have said I was patrolling in the 
vicinity of Hannibal, but I didn't do that; I left it open. 

Q. And so on through all your monthly reports they show a num- 
ber of days in which you did nothing at all for the Department? 

A. Yes, sir. 

Q. Through all the monthly reports? 

A. Yes, sir. 

Q. Now, in those in which you do show to have done something 
for the Department, don't you show that you were in and around Han- 
nibal a great portion of the time? 

A. Yes, but as I say — now, you take my territory in between 
Quincy and Hannibal on up and along the river there, we have the 
North river and the South river and the North and South Fabius that 
all empty in to the Mississippi river about Hannibal, I'd say in about 
twelve miles, and I did quite a good deal of work up and down the vi- 
cinity of Hannibal ; in fact, it will keep any man busy to keep these fel- 
lows out of there, and do a good job. 

Q. Have you ever read the section of the game law in regard to 
the pay of deputy fish and game wardens? 

A. I don't know whether I have or not; I would .judge so; I have 
read the whole thing over. 

Q. Do you construe that law to mean that a deputy game warden 
can receive full pay for every day whether he is working or not ? 

A. I couldn't say about that, I am no attorney ; I don't know. 

Q. How many arrests have you made in your territory? 

A. Only one. 

Q. How many convictions were there? 

A. Well, this fellow plead guilty. 

Q. What was he arrested for? 

A. Hunting without license. 



56] 93 

Q. Oh I 

A. Well, not myself directly, the fish boat came down from Keo- 
kuk and they was patrolling the Mississippi river, and there was four 
fellows arrested at Canton, two plead guilty, and I went up and got 
the other two, who plead guilty, and there was two arrested at Canton by 
those fellows who came down; the constable arrested one of the two in 
the Moody bottoms, but I didn't get any report on these fellows, but 
there was only one in my home territory that was arrested, but to show 
you — now, I think what you want is facts 

Q, Yes, just exactly. 

A. Now, I think, in 1907, there was one hundred and seven licenses 
in our county, in 1908 there was seventy-four, and in 1909 there was 
something like one thousand ; last year we had twelve hundred and two 
county licenses in forty-five states ; now, that would surely cover the ma- 
jority of the hunters of our county. 

Q. Did you insist on men taking out licenses? 

A. .0, yes ; yes, sir. By the way, here is a little petition I want 
to show you that was gotten up voluntarily by Mr. Hayes and handed 
to me before I left Hannibal day before yesterday morning. 

Objected to by Senator Buford; not relevant to the issues in this 
case. 

(By the Chairman.) Yes, I think that is foreign to the issues 
in this case. 

Q. You say you put in a good deal of time trying to get men to 
take out licenses? 

A. Yes ; for instance, I have said to the boys, ' ' why not take out 
your licenses, I won't charge you a cent, I am a notary public, and it 
won't cost you a cent, and I wouldn't charge the fellows anything, 
and I'd take the application and take the acknowledgment and the 
licenses would come to me and I would deliver them to them and the 
fellows in our part of the State are in favor of the game law, and they 
don't take out licenses because somebody is going to arrest them; it is 
because they believe in the game law and want it ; there is but one man 
in our section opposed to the game law. You can see the endorsement ; 
I can send petitions here with a thousand men on it, if you want it. 

Q. Well, that isn't what I asked? 

A. Yes ; but I want to show you how the fellows feel in my part 
of the State, and that they are satisfied with my work as deputy game 
warden. 

That is all. 



94 [56 

(By Mr. Mitchell.) I would like to have that petition filed as 
part of the evidence in this case. 

Objected to by Senator Buford, as iitiniaterial. 

(Mr. ]\litchell.) Q. Do you mind giving that to me, Mr. 
Osterhout ? 

(Mr. Osterhout.) No, sir. (Hands petition to Dr. Mitchell.) 

Question by Mr. Mitchell: Q. Now you report four days? 

A, Yes, sir. 

Q. In making these reports, has it been your custom to only 
make reports for the days when you pay expenses? 

A. Yes, sir. 

Q. And those days, where there is no expense? 

A. For instance, if I went home and eat my dinner, even though 
I was patrolling in the vicinity of Hannibal, I did not charge any ex- 
pense to the State. 

Q. Is that the reason you have this blank? 

A. Well, sometimes I probably would have filled that in more 
fully if I knew the committee was going to look at it ; I would probably 
have filled in more fully, if I was in the vicinity of Hannibal; some- 
times I wouldn't fill out that report at all, because I was not doing 
any special work for the department ; if I was looking after the fisher- 
men, I didn't put in any report of any expense. 

Q. Then your report only shows days Avhen you did pay expense? 

A. Yes, sir. 

Q. I see on the back you have four days, and in here you speak 
of five days? 

A. Yes, sir. 

Q. Now there are three days in which you did not make report, 
and the reason is that you charged the State nothing for these days? 

A. No, sir; that's right. 

(Question by Mr. McCarty.) Q. Mr. Osterhout, you are required 
to make report of each day's proceedings when working for the game 
and fish department, are you not ? 

A. I suppose I am ; yes. 

Q. And all these reports for the fifty-two weeks for the year 1910, 
are true and correct, according to the best of your judgment? 

A. Yes, sir. 

That is all. 

(Question by Senator Buford.) Q. How many convictions have 
there been in the vicinity of Hannibal? 
A. Well, one only, in Hannibal. 



56] 95 

Q. I mean in the vicinity? 

A. Well, the last one in Ralls county, the prosecuting attorney 
told me there was a conviction of a foreigner, but I didn't make the 
arrest, between Hannibal and Quincy; the sheriff told me there was 
two fellows arrested, and taken before the justice of the peace, but 
I didn't know the particulars about that case; Mr. Nelson over there, 
he was the deputy. 

Q. I don't care for that. 

Mr. McCarty : Just answer the questions as briefly as you can, 
being consistent with the committee and yourself. 

Q. How many persons have you found in the vicinity of Hannibal 
violating the game law since you have been deputy? 

A. This is the only one ; I have had reports of certain fellows, but 
I was never called to locate the parties. 

Q. I notice in about three-fourths of your reports you sl;ate for 
your day's work, "patrolling in the vicinity of Hannibal," what do 
you mean by patrolling? A, Well, for instance, as I said, now I 
was down there on the river looking after the fisherman, or around 
the edge of town, or if I was doing some correspondence, answering 
correspondence or anything of that kind. 

(Question by Mr. Mitchell.) Q. Then you did not include these 
days in your reports? 

A. 0, no ; only this, I aimed to be accurate in my report, I should 
. say, when I was down on the river after these fellows, in a way I was 
working for the department, of course. 

Q. But you didn't include that in your reports? 

A. No. 

(Senator Buford.) Q. Then the days you have included in your 
reports amount to something over half, patrolling around Hannibal? 

A. I couldn't say as to the number; I dont keep any copy of 
my weekly reports ; after I make the report it is sent in and I keep no 
copy of it at all. 

(Question by Mr. McCarty.) Q. I think you misunderstood Rep- 
resentative Mitchell's question; he asked if it was a fact that you did 
not include these days that it says "patrolling in the vicinity of Han- 
nibal, ' ' in your report, and you said that you did not ? 

A. No, I understood him to say if I charged up the expense. 

Q. To refresh your mind, you did include all these days in your 
report as work done for the department? 

A. Yes, sir; yes sir. 



96 [56 

Q. I jiist wanted to be sure al^out that, because the report shows 
that. 

A. I thought he meant liotel or livery bills. 

(Mr Mitchell.) Q. My question was, in these reports there are 
days you made no report? 

A. Yes, sir. 

Q. Were you working for the department for those days and 
didn't include it in the report because you made no charge for ex- 
pense ? 

A. Yes, sir. 

Q. On those days now you did not charge anything ; you did not 
include that in your report? 

A. No, sir. 

Q. But still you were working? 

A. Yes; still working. 

(Mr. McCarty.) Q. i\Ir. Osterliout, be sure you are right when 
you answer these questions ; now there is a space on the front of these 
weekly reports for you to report what you are doing, and where you 
were each day, isn't there? 

A. Yes, sir. 

Q. That front page has nothing Avhatever to do with expense, 
has it? 

A. No, sir. 

Q. You didn't put one cent of expense on the front page for any 
day, did you? 

A. No, sir. 

Q. But on the back of that is where you have your expense ac- 
count ? 

A. Yes, sir. 

Q. Then you did not fairly understand Dr. Mitchell's question? 

A. No, sir; I misunderstood the question; I didn't understand 
that. 

That is all. That is all. Witness excused. 

MR. OSTERHOUT is here recalled for further examination by 
Senator Buford. 

Q. If your reports show that you were engaged at the polls on 
the eighth of November, is that correct ? 

A. Yes, sir; that's correct. I was one of the judges of election; 
I think 1 was judge or clerk ; yes, I was judge. 



56] 97 

Q. You drew pay for that day ? 
A. Yes ; I guess I did. 

Q. You also drew pay as deputy game warden? 
A. Yes, sir. 

That is all. That is all. Witness excused. 

The reports of Mr. Osterhout are here offered in evidence to be- 
come a part of the record herein. 

MR. W. T. REED, being first duly sworn according to law, testifies 
as follows : 

(Question by Senator Buford.) Q. Mr. Reed, here are the weekly 
reports made by you as deputy game warden to Mr. Tolerton? 

A. I suppose they are. 

Q. Do you identify them as being your reports for the year 
1910? 

A. Yes; I guess those are all right; I didn't look them all over. 

Q. They are the ones Mr. Tolerton gave us? 

A. Yes, sir. 

Q. It was your duty, Mr. Reed, as deputy game warden, to make 
a full and complete report at the end of each week for the work you 
did? 

A. Yes, sir. 

Q. And these reports contain a full and complete report of the 
work done by you during each week ? 

A, Yes; I made them as brief as possible; I didn't go into par- 
ticulars. 

Q. But they briefly contain for each day the work you did during 
the week? 

A. Yes, sir. 

Q. And at the end of each week the reports were made, while the 
work you did was fresh in your memory? 

A. Yes; but I keep a memorandum day by day, so I did not take 
any chances on my memory at all. 

Q. What orders were you under from ^Mr. Tolerton, that is, when 
you received your commission as deputy warden, what orders did you 
receive ? 

A. Well, to travel over the district and see that the law was 
observed as far as possible, and try to popularize the law and to do 
nothing indiscreet ; to try to prevent people from getting into trouble ; 
in place of getting them into it, keep them out of it. 

56—7 



98 [56 

Q. In ollu'i- words, it w;is to pcrsiuuk' people to Ix^coiiio reconciled 
to this law, Jind take out licenses? 

A. Yes, sir. 

Q. That was as much your work as it was to look after violations 
of law ? 

A. Well yes, whenever T had a number of eases where I could 
liave gotten people into trouble, knowing tiu'y ignorantly did it ; why 
I would let them oflt' with a reprimand, and I want to relate one in- 
stance, a young fellow up in Osage county at Argyle — 

Objected to — it doesn't tend to prove or disprove any matters 
set forth in this case. 

(By Chairman ]\IcCarty.) No, I think not. 

Q. Did you draw pay for three hundred and sixty-five days dur- 
ing the year 1910? 

A. Yes ; for every day. 

Q. About how many days now, were you not engaged in this 
work ? 

A. Well, I was engaged about every day unless it was very 
stormy — snow storms. 

Q. You were engaged accoi-ding to the reports made by you, 
which were true? 

A. Yes, sir. 

Q. Well now, ]\lr. Reed, I'd like for you to explain why it is that 
some of these reports contain as much as seven days, Avitli not a thing 
on earth stated that you did? 

A. Was that at the ending of the year — was that January? 

(Mr. Mitchell.), interrupting: That is one for November 30. 

Q. That report has seven days blank? 

A. Well, that certainly is a inistake, in making that I forgot to 
put tliat on. What year is that in November? 

Q. 11)10. 

A. This is on the 27th, 28t]i, 29tli and 'Mh, this is tlie one you 
have reference to — four days. 

(Senator Buford continuing.) Q. On the back there are seven 
days which you report "no work to be done?" 

A. November 27th — that is a mistake, negligence, November 27th 
at Jefferson City. 

Q. You say it was a mistake? 

A. Yes, I will tell you what T think ; T keep a copy of all my 
work; I have a copy of every weekly report besides keeping this 



56] 99 

memorandum, l)iit T am not infallible; I handed in that report without 
it being complete, but my memorandum bears me out. 

Q. Now, Mr. Tolerton honored this blank report you sent in an(i 
paid you for your time? 

A. Yes, sir. 

Q. Now, if your report states here that you were engaged in as- 
sisting your party at the poles at the August j^rimary, and the No- 
vember election, is that true? 

A. Well, my report doesn't state that; I voted, but I didn't take 
any active part in it at all. I voted at the primary and at the general 
election, but I am a considerable liberal Republican; the Democrats 
will tell you so, I have not voted for my party always ; I vote for the 
man — 

Objected to. 

(i\rr. McCarty.) Q. Where do you live? 

A. I live south of Versailles in Morgan county, near Gravis 
]\Iills. 

Q. When were you appointed deputy game warden? 

A. On the 16th or 17th of August, 1909, just a few days after 
the law went into effect, one of the first appointments. 

Q. Are you still deputy game and fish commissioner, drawing 
pay? 

A. Yes, sir ; but I am not drawing pay, not since January, finan- 
cially I was in such shape I had to make — 

Objected to by Senator Buford. 

Q. You will get pay for steady time now? 

A. No, I don't get pay at all. 

Q. I believe you stated in answer to Senator Buford you got pay 
for three hundred and sixty-five days in 1910? 

A. Yes, sir; but — 

Q. Have you engaged in any other duties since you became 
deputy warden? 

A. No, sir. 

Q. What was you occupation? 

A. Before this job? 

Q. Yes. 

A. I had been engaged in mining down in Camden county. 

Q. Then, during the year 1910, whenever you felt like it or 
deemed it best you would make trips over the territory? 

A. Yes, all the time ; only I would go back to my place where I 
staid onc(! a month, usually. 



100 [5G 

Q. Would you have any special orders from the deputy warden 
to make these trips, or did you make them under your own judgment? 

A. Occasionally, I would get letters, for instance, a man would 
report violations in Osage county and write to Mr. Tolerton about it, 
and I was supposed to look after the Eighth Congressional district 
and he would 'phone to me or write, and say "look after that when 
you have time," but generally I would go where I would see fit. 

Q. And he would just instruct you now and then, when some one 
would write him, is that the idea? 

A. Yes, sir. 

Q. Were there very many of these complaints sent in your dis- 
trict to the headquarters of the game and fish commissioner, to Mr. 
Tolerton, and by him referred to you, with special instructions to look 
after it? 

A. Quite a number. 

Q. Roughly estimate, about as near as you can, how many? 

A. I wouldn't like to say, I would want to be positive, pretty 
near. 

Q. You can give us a few? 

A. I would say — I couldn't say positively — fifteen or two dozen. 

Q. We don't expect you to remember just exactly. 

Q. Are you familiar with the game and fish laws in this State? 

A. Yes, sir. 

Q. Are you familiar with the section regarding the pay of depu- 
ties? 

A. Yes, sir. 

Q. Do you construe that section to mean you should be paid on 
Sunday when you don't do any work? 

A, Well, a great many Sundays we did work. 

Q. I say do you construe that section to mean you should be paid 
Sundays when you don 't do any work ? 

A. Well, I didn't know of course; I am not a lawyer like you 
gentlemen, and I wouldn't have an opinion on that. 

(Mr. Mitchell.) Q. Your understanding was you were to work 
all the time? 
A. Yes. 

Q. That you were appointed to put in your whole time? 
A. Yes, steady work. 
That is all. That is all. Witness excused. 



56] 101 

MR. Z. A. JOHNSON, being first duly sworn according to law, 
testified as follows: 

(Question by Mr. McCarty.) Q. Where do you live? 

A. I live at Ozark. 

Q. In Christian county, Missouri? 

A. Yes, sir. 

Q. What is your occupation? 

A. Well, I am deputy game and fish commissioner, 

Q. When were you appointed? 

A. I don't know; it was in August, 

Q. AVhatyear? 

A. Of last year, 

Q. Of 1909? 

A. Yes, 1909. 

Q. For what territory were you appointed? 

A. Mine was State-wide. 

Q. AVhat are your duties, Mr. Johnson? 

A, What are my duties? 

Q. Yes, sir, 

A. Well, my duty is to look after the violators; you know, of 
course, we have to enforce the law. 

Q. Those are your reports to the State Game and Fish Commis- 
sioner, Mr. Tolerton, for the year 1910, are they not; weekly reports? 

A. Well, I reckon, if ray name is to all of them ; if it is, they are. 

Q. Were you engaged in any other occupation during the year 
1910, besides deputy game and fish warden? 

A. No, sir. 

Q. Did those weekly reports of yours contain a full and com- 
plete report at the end of each week for the year 1910, of the work 
done by you as deputy game warden? 

A. No, sir; not altogether. 

Q. Aren't you required to make a full and complete report of 
each day's proceedings? A. Well, yes, in a way, but there is things 
I did that I did not put in my report, for the reason it was confidential 
and I didn't care about putting it in my reports; everything was not. 

Q. They do state about cases where you would go and look up — 
trips that you would make? 

A. Yes, sir; they do. 

Q. Were you acting, in making these trips, under the special 
orders and directions of the Game Commissioner, or would you act 
from your general orders and your own judgment and not on his 
orders ? 



102 [56 

A. Well, he would want me to go; sometimes I wouldn't because 
I had other business. 

Q. You mean to state to the committee, that sometimes he would 
make special orders to you, but ordinarily you would act on your own 
judgment ? 

A. Yes, sir. 

Q. About how many cases if you know, roughly stating, did he 
send you special orders to make trips? 

A. Well, I couldn't tell you as to that; I went two or three trips 
in — 

Q. Make it roughly, if you can? 

A. 0, probably eight or ten, but I am not certain about that. 

Q. During the year 1910? 

A. Yes, sir. 

Q. Then I understand you to say that during the year 1910, he 
specially ordered you about eight or ten times, to make trips to look 
into special matters ? 

A. Probably a great many more times than that, but I don't 
know that I went more than that. 

Q. Of course, these would be from complaints that were sent in 
from different parts of the State to the headquarters of the fish and 
game warden, and he would refer them to you? 

A. Yes, sir. 

Q. Now then, you drew pay for three hundred and sixty-five days 
last year, did you? 

A. Yes, ^ir. 

Q. And you put in your expense account? 

A. Put in my expense account. 

Q. Did you put in "full time" work, Mr. Johnson? 

A. I put in full time — well, now there was, I don't remember — 
now let me see — I got crippled — I don't remember that I was even laid 
up a day, that I didn't go, I know — 

Q. Well, my question is, did you work each day in the year of 
1910 for the game and fish department ? 

A. AVell, I did just as I told you, well I don't know — let me think 
a moment; I think a few days I was — and I don't remember just when, 
but a few times that I was — I believe I had the grippe last winter and 
during that time I was off a few days that I was sick, you might say 
that I didn't work. 

Q. You worked each Sunday, did you? 

A. Every Sunday. 

Q. Now when you would send in reports and your reports would 



56] 103 

show that you were doing nothing on that day, still, you got pay "full 
time ' ' for them ? 

A. Yes; in my reports, a great many times I told, yes; only I 
didn't show anything for the reason I didn't care to put it in, I didn't 
know I was required to ; for instance ; some parties would 'phone me 
and along about certain times, and from different places, and there 
was mail I had to look after, and that I wasn't out, but you under- 
stand that I was busy all the time. 

Q. Now, what proportion of your time, Mr. Johnson, do you think 
you were ''out" as you may put it in the field working for the State 
game and fish department? 

A. I think all the time except what few times I might have been 
off for a few days for sickness. 

(Senator Buford.) Q. During the month of June, Mr. Johnson — 
I hand you report made to Mr. Tolerton, which shows twelve days 
treatment under a doctor, nothing here is reported as having been 
done by you except under the doctor's care? 

A. Yes, sir. 

Q. You certified this to Mr. Tolerton, and he allowed you pay for 
being ilnder the doctor's care? 

A. Yes, he did; he allowed me "time," I don't devote my time. 

Q. You reported to him you were under the doctor's care? A. 
Yes, sir. 

Q. During which time yoii were not engaged in your official 
duties in taking care of and enforcing the game and fish law? 

A. No, there was times I wasn't under the doctor's care, there 
was a few days — 

Q. Answer my question, please ; you have stated to Mr. McCarty 
that your report made by you at the end of each week is true, is that 
correct ? 

A. Yes ; as I told him, there Avas some things I didn't put in there. 

Q. Here is a report, shows eleven days "under treatment of the 
doctor," is that true? 

A. Yes; that's true. 

Q. During those eleven daj^s, were you in the official discharge of 
your duties as game warden? 

A.- No, sir, 

Q. Then Mr. Tolerton allowed you salary straight, during those 
eleven days? 

A. Yes, sir. 

Q. And you accepted it? 

A. If you will just allow me to answer the question — • 



104 [56 

Q. You certified to him as being under the treatment of the doc- 
tor? 

A. Yes, sir. 

Q. He allowed you pay ? 

A. Yes, sir. 

Q. And you accepted it? 

A. Yes. 

Q. Without having done one thing — 

A. No, sir; I did do some things. 

Q. You stated you were not in the official discharge of your 
duties ? 

A. No; I don't think I did. 

Q. Do you now state that while you were under the care of the 
doctor you were in the discharge of your official duties? 

A. Part of the time, I say. 

Q. Now you stated a few moments ago, that during the eleven 
days or twelve days that you were receiving treatment from the doctor, 
that you were not in the official discharge of your duty ; did you make 
a mistake when you made that statement? 

A. I did. in this way, all the time I was up, there was times I 
wasn't able to travel and didn't travel. 

Q. How old are you? 

A. I am sixty years old. 

Q. You understand now, that you are paid by the day as deputy 
game warden for the work that you did while engaged in your official 
duty? 

A. Yes, sir. 

Q. That is your clear understanding of this law? 

A. Yes, sir. 

Q. Then why did you accept, having this understanding of the 
law, why did you accept pay while you were under the treatment of 
the doctor, and did nothing in behalf of the enforcement of this 
law? 

A, Well, while I was under the treatment of the doctor, I wasn't 
confined to my bed ; I was out every day. 

Q. Then you now state that you did something every day while 
you were under the treatment of the doctor? 

A. Every day that I remember of, yes sir; but I couldn't get out. 

Q. Is your last statement correct as to the days that you were sick 
and not in the official discharge of your duties, or are your first state- 
ments correct? 



56] 105 

A. Well, I don't understand that that varies from my first state- 
ment; if it does, I didn't just understand the question. 
Q. All right. 

(Mr. Mitchell.) Q. There is a report of October 8th, now does 
it show anything — did you intend by this report to only show the ex- 
pense that you charged to the State? 

A. "Well, I simply omitted that ; I just simply omitted putting on 
where I was, and that is the expense on that week. 

(Mr. McCarty.) Q. Then the report ending October 8th, 1910, 
you don't show you did a thing? 

A. No, sir; not a thing. 

(Mr. Mitchell.) Q. Now for the week ending October 31st, 
1910, it only shows one day's service? 

A. Well, I told you, I don't just understand that myself. 

Q. You think, then, that you did service, but have neglected to so 
state ? 

A. I will tell you I did service all the time, even while I was 
sick; I was not out, but as I told you there were people that 'phoned 
me' and they were looking after some things for me, people who lived 
in the neighborhood where there was seining and netting and such as 
that was going on, and I would be there in Ozark, probably be there 
every day in that week, or two or three days whatever it was; I had 
business there with parties over the James, who would 'phone and 
I didn't put that in, they would 'phone a party at Nixy, over the rural, 
asking me to come out. He knew what that meant, then he would call 
me up, and I don't know now just what he would say, I knew there 
was parties in there seining, but we couldn't talk intelligently over 
that rural 'phone, for everybody would catch on ; and now that may be 
one of these weeks that I would stay there, and then I would start out 
after night, I couldn't leave Orrick till after night, then it was twelve 
miles out to the James river. 

Q. Are we to understand from you that these reports do not show 
all the work you rendered? 

A. 0, no. 

That is all. 

(Queston by Mr. McCarty.) Q. You were required to make re- 
ports? 

A. No sir ; I did not understand that ; I was to exercise my own 
judgment. 

Q. On those reports where they show blanks for the whole week, 
the State Fish and Game Commissioner paid you for full time? 

A. Yes, sir. 



106 [56 

(Question by Senator Buford.) Q. How many prosecutions have 
there been under your deputyship? 

A. From memory, there is about, I think, something about forty; 
right close to forty. 

Q. Did you ever have any of these prosecutions in the city of 
Springfield? 

A Yes, sir. 

Q. "Were you a witness in these prosecutions ? A. Yes ; I was a 
witness and I caused them myself; and I was a witness, 

(Senator Buford.) Q. If any of your reports show you were en- 
gaged in assisting your party in August or November, is that true? 

A. No, sir. 

Q. The days that you reported to Mr. Tolerton — here are a couple 
of days, say six, that is in November? 

A. Yes, sir. 

Q. What do you mean by that? 

A. I mean I was sick; I wasn't able to drive or to go. 

Q. Were you sick when under the treatment of the doctor? 

A. Was I? 

Q. Yes. 

A. Well, I wasn't well. 

Q. You were unabe to go, then? 

A. No, sir ; I was not. 

Q. Then that makes fourteen days that you accepted pay that you 
were sick and unable to go? 

A. No answer. 

(Question by Mr. Mitchell.) Q. AVere there any days during 
all that year you worked more than eight or ten hours? 

A. I put in all day and night many of them, and then the next 
night. 

Q. On an average of three hundred and sixty-five days, you put 
in at least eight hours? 

A. Many of them. 

(Senator Buford.) Q. Then when you would put in all day and 
all night, you would send in a blank report like this, would you ? 
A. I don't know what I sent in. 



Here are four days now, that are blank? 

Yes; this is December — well, I don't know what I put in. 

Wlien you were so constantly engaged? 

0, no, no. 

You wouldn't have time to make report? 

No, sir. 



56] 307 

Q. Is that correct? 

A. No, sir; that wasn't the case at all. 

Q. Then you can't explain why those blank reports appear? 

A. I don't remember, no, sir; I don't know what my reports 
show; I don't know whether I put in any nights or not, you haven't 
mentioned anything about any of them. 

(Senator Buford.) I haven't seen them; no, sir. 
A. Well I did; a many a one. 

(Question by ]\Ir. McCarty.) Q. Of course, these reports are 
gotten out, Mr. Johnson, with the idea that a day is twenty-fours in 
length ? 

A. Hours ? 
No answer, 

Q. Now in those September months — there are numerous blanks 
here, do you know about them? 

A. No ; I can't explain it now ; I can't tell you ; they said nothing 
and I can't tell you why. I told you 1 didn't just understand how 
these reports were to be made ; there is often times I did not care to put 
it in and left it blank ; and when I was sick, I said I was sick. 

(Senator Buford.) Q. Did Mr. Tolerton ever write you to sup- 
ply the data for the blank reports that you had made ; supply the in- 
formation or supply the blank reports that you made with the work 
that you had done? 

A. No answer. 

Q. Did he ever request you to give him the information for the 
days which you had reported, for the days you had failed to report 
anything at all? 

A. No answer. 

(Mr. McCarty.) In other words, did he object to paying you for 
these days that you did not show that you had done anything? 

A. No, sir. 

(Senator Buford.) Q. He never asked you to furnish the infor- 
mation as to what you did on those days? 

A. He asked me to furnish the information — when? 

Q. After you made the report? 

A. No, sir. 

Q. After you made the report he never questioned it? 

A. No, sir. 

Q. Here are five days, January 1910, which you left blank, can 
you explain that? 

A I can't tell you. 



108 [56 

Q. You don't know wliether you were doing any official work 
then, that you did not want to report or not ? 
A. I was at work all the time. 

(Mr. Mitchell.) Q. He did furnish you a copy of the law? 

A. Yes; he did. 

That is all. That is all. Witness excused. 

MR. W. T. KEATH, first being produced, sworn, deposeth and 
saith : 

(Question by Mr. McCarty.) Q. State your name. 

A. W. T. Keath. 

Q. Where do you live? 

A. Mexico, Missouri. 

Q. In Audrain county? 

A. Yes, sir. 

Q. How old are you? 

A. Sixty-five years old. 

Q. What is your occupation? 

A. You mean at the present time ? 

Q. Yes. 

A. Deputy game warden. 

Q. When were you appointed to that position, Mr. Keath? 

A. October 9th, 1909. 

Q. And you have been deputy game warden ever since, up to the 
present time? 

A. Yes, sir. 

Q. What territory? 

A. Really the Ninth Congressional district except Warren, Gas- 
conade and Franklin, and I take in Boone county out of the Eighth. 

Q. You are required to make weekly reports to the State Warden 
of the work that you do? 

A. Yes, sir. 

Q. I will ask you to state if these are the reports that you sent 
in to the State Game AVarden each week for the year 1910, of the work 
performed by you? 

A. Yes, sir; these are right. 

Q. Now these reports which I have shown you and which you say 
are your reports for the year 1910, to the State Game and Fish Warden, 
do they give a true and correct account of the work performed by you 
for that department during the year 1910? 

A. Yes, sir; they do. 



56] 10!) 

Q. Now during the year 1910, you were paid for three hundred 
and sixty-five days, were you not? 

A. Yes, sir. 

Q. What are your duties, Mr. Keath, as deputy game and fish 
warden ? 

A. My duties, as I understand it, is to look after the interest of 
the game and fish law. 

Q. What are the interests? 

A. The duties is to find out whether there are any violations of 
the law and where it is found out, to correct it. 

Q. Now I notice from your reports, that you made various trips ; 
was it your custom to make these trips just as soon as you would hear 
of them, or would you go at the special direction of the Fish and Game 
Warden ? 

A. I used my own judgment. 

Q. Did he ever receive reports from your district — or complaints 
I should say, and refer them to you, especially to look into ? 

A. Yes, sir. 

Q. About how many, roughly estimating, were so referred during 
the year 1910? 

A. Well now, I can 't tell just how many, there were several. 

Q. Roughly, give us an estimate? 

A. I suppose ten. 

Q. Now you always went and looked after these, did you? 

A. Yes, sir. 

Q. Then all these other trips you made, you exercised your own 
judgment when making them? 

A. Yes, sir. 

Q. Now how many arrests were there caused by you during the 
year 1910, for violations of the game and fish law? 

A. Well, three, I think. 

Q. How many convictions were there? 

A. Three. 

Q. Convicted each one? 

A. Yes, sir. 

Q. Did you ever find any parties hunting without license ? 

A. Yes; many times. 

Q. Besides these three? 

A. Yes, sir. 

Q. What would you do then, Mr. Keath? 

A. AVell, it would depend on circvimstances in this way; if I 
thought it was a vicious violation T would look after it, of course; I'd 



110 [56 

go to the bottom of it, but occasionally you would find some young 
fellow that really didn't know the law, and I know of several cases, 
two or three cases, where I found young men, young boys like, that 
was out with a gun, and I said to them, "you better go home;" I 
didn't want to prosecute them, for I didn't think they ought to be 
prosecuted. 

Q. You had no advice to do that, but did it on your own judg- 
ment ? 

A. Just on my own judgment, just the same as if it was a busi- 
ness of my own. 

Q. Would you try to get people to take out licenses then? 

A. Yes ; I would tell them I thought it the best and safest thing 
to do. 

Q. In addition to those you caught hunting and did not prose- 
cute, did you advise and coiinsel with other citizens to take out 
licenses? 

A. Yes, sir. 

Q. Now, I notice on your reports which you have identified, that 
there a number of days, in different reports wherein you have not 
written a thing, in other words, they are blank; those are the days 
in which you did nothing for the game and fish department? 

A. Those days would occur when I would be at home and many 
times I would be down in town trying to get information and finding 
out — our town is a town a good many people come to, and I go there a 
good deal to get information this way; for instance, I would ask Mr. 
Johnson, out north, how everything was going out there in regard to 
the game law, and then would meet somebody else and ask him, and 
that is the way these things would occur. 

Q. Were you engaged in any other business while you were 
deputy game warden? 

A. No, sir. 

(Question by Mr. Mitchell.) Q. Here is a report I believe, end- 
ing February 28th, on which there appears to be several blank places? 

A. Well, those were days when I was at home, just as I said a 
while ago ; I should have said to make that more satisfactory to have 
said "Mexico, working there." 

Q. I see on the back of these, you have an expense account that 
corresponds with the days work that you did ? 

A. Yes, sir ; that includes the expense for that week, whatever is 
found here — what is carried out here is the actual expense of that 
week. 



56] 111 

Q. And days then that you did not pay out any expense? 

A. There was nothing charged up. 

Q, Well, did you state in your weekly report what you were doing 
for these days? 

A, No ; I see that I did not. 

Q. That was your custom? 

A. Yes; I usually would say, I should say, "IMexico and vicin- 
ity;" now frequently you will find in my account, while I would be 
at home there would be no expense, still I would be driving or riding 
out in the country, yet there was no expense charged, to the State 
while I was at home. 

Q. Many times you left them blank? 

A. Yes, sir. 

Q. These are the full statement of the amount of your expense? 

A. Yes, sir. 

Q. But not of the amount of the work you have done? 

A. Yes; the amount of work I done every day; they have that 
there, but I see I didn't put it in there. 

Q. But you have done day's work that isn't there? 

A. Yes, sir; that's right. 

(Senator Buford.) Q. You studied the game law very carefully 
and closely, have you? 

A. Yes ; I try to understand the law. 

Q. What do you understand about the section of the game law 
that the deputies appointed shall receive pay for the time they are 
actually engaged and the actual expense out of it? 

A. My understanding of the duty of the game warden is to put 
his time in; tha,t he is employed regular to put his time in, in the in- 
terest of the law. 

Q. Your understanding is, unless you are doing something in the 
official discharge of your duties, that you are not to be paid for it; 
that you are to get two dollars a day in the discharge of your duties? 

A. I would do something every day; I haven't been sick a day, 
that I didn't work.. 

Q. And if nothing else, you would discuss the game law and en- 
courage some one to take out license? 

A. Yes, sir ; and one point was to ask questions and write letters 
to parties over the territory, to ask how matters were going in their 
vicinity. 

Q. I notice in one of your reports, you say you put in a day at 
Mr. Johnson's sale? 

A. Yes, sir. 



112 [56 

Q. What did you do there that day for the benefit of game pro- 
tection? 

A, I expect I talked to a hundred men, for I met men from vari- 
ous counties there, and I think that was probably the day's work I 
put in — 

Q. You talked with men — that in your opinion was discharging 
your official duties? 

A. Yes ; I was finding out as much as I could of the law, whether 
any violations was being made ; I think I got as much information at 
gatherings of that kind, as any work I ever done, and it was worth as 
much to me. 

(Question by Mr. Orr.) Q. In answer to Dr. Mitchell's question, 
that there was some days you had done work that is not reported here — 
that is true, isn 't it ? * 

A. Yes, sir. 

Q, Is it true that there are days when you did not do some 
work? 

A. There were days when I would do a good deal more than I 
would other days. 

Q. Then it is true you didn't work all day a good many days? 

A. Yes, sir. 

Q. But if you did work days that are not reported here, then 
this isn't correct statement, is it? 

A. No; it is not. 

Q. You certify it is; you say "I hereby certify the foregoing is 
a true statement," etc.? 

A. Yes, sir. 

Q. Then that isn't true? 

A. It should have been written in there, 

Q. Why didn't you? 

A. It was neglect, I suppose. 

Q. I notice your report for August; you write in the word Sun- 
day, why did you write that in? 

A. Why I don't know about it, 

Q. Did you do that in all of your reports? 

A. I suppose so, 

Q. Were the days you write "Sunday" in there, were those the 
days you didn't work any? 

A. I worked some, yes; I'd meet parties Sundays the same as 
any other day, 

Q. And you talked game law to them? 

A. Yes, sir. 



56] 1^3 

Q. And during all the month of August, you would write "Sun- 
day" in the place oE Sunday, what was your reason for that; why 
didn't you write "Monday?" 

A, I could have done that, I didn't do it. 

Q. Didn't you write Sunday because you wanted the game 
warden to know you did nothing because it was Sunday? 

A. No ; I suppose he should have known that anyhow. 

Q. There was no reason for your writing it in there? 

A. No, sir. 

Q. Are you a church-going man? 

A. Yes, sir. 

Q. Go to church ? 

A. Yes, sir. 

Q. Talk your business on Sundays? 

A. Yes, sir. 

Q. Isn't it a fact you never talked it at all except in a social con- 
versation with your friends? 

A. Yes, sir; that's about right. 

Q. Now, then, I understand that your report for the month of 
December, in the place of "Sunday" for the week ending December 
17th, you say "went to Jacksonville, I found that those three men I 
went to look after the first of June for killing squirrels took out their 
licenses and all the rest of the men that hunt any at all in that vicin- 
ity;" that is true, isn't it? 

A. Yes, sir. 

Q. Now the next week in place of Sunday you write "Mexico?" 

A. I was at home that day, 

Q. AVere you working any ? 

A. Just as I said before. 

Q. Just whatever you did in a social conversation with your 
friends ? 

A. Yes, sir. 

Q. If you had done anything you would have reported it the same 
as this Sunday? 

A. I don't know; I don't think I would. 

Q. Why did you report "looking after hunters on one Sunday," 
and the next Sunday say that you were at Mexico ? 

A. The reason was there was an expense in there to Jacksonville ? 

Q. "Wasn't there an expense in going to Mexico? 

A. Yes, sir. 



.r)G— 8 



114 [56 

K^. AVliy isn't, the Stale oiitilU'd to your I'lill scr\ ict^s il' you are 
paid H^o.Ol) tor your sorvioes? 

A. It is. 

Q. Then Avliy didn't yon report it? 

A. I don't know; I didn't. 

Q. On Sunday, of tlie week ending: Deeenilier lOtli, yon have a 
similar report, under Sunday "]\rexieo," tliat uunuis you were at tiome? 
A. Yes, sir. 

Q. And you didn't do anything whatever toward the enforce- 
ment of the game law on that date ? 

A. Not any more than I said a while ago. 

Q. Just talkiuji' with your friends? 

A. Yes, sir. 

Q. Now, ]\rr. Keath, you say llu> week ending December 10th, on 
Saturday; "I think from what I can learn from talking to diti'erent 
men over territory, the game law is better liked as they become better 
acquainted with tlu^ law, of course, some politicians have done all they 
could against the law?" 

A. Yes, sir. 

Q. Why do you advise the game warden ol' that fact? 

A. Because it was a fact. 

Q. AVhat politicians were active against it? 

A. AVell, it was men against the law; T don't know wliether they 
was nnu'h politieians or not. 

Q. In your record, ending Diu'embei- 17th, you say "I find that 
there is a few Democratic politicians here that are doing all they can 
among the ignorant farmers against the game law; but tlie better class 
of our people are in favor of the law?" 

A. Yes, sir. 

Q. What do yon mean by "ignorant farmers?" 

A. I mean men not posted in regard to tlie law. 

Q. Do you mean to say that the farmers are an ignorant class? 

A. Some of them are ; yes, sir. 

Q. Now yon say "Democratic politicians;" why Democratic poli- 
ticians active against tlie law? 

A. I think they was trying to work up a feeling against tlic hiw. 

Q. Why should they do that? 

A. I don't know. 

Q. Did you make impiiry why they were active against tliis law? 

A. Did I? 

Q. Yes. 

A. Yes, sir. 



56] 115 

Q. What did they say? 

A. Sonic would make one oI)jection, some another. 

Q. Was it the opinion that the department was being run by a 
swarm of politicians — game warden, working for the Republican 
party ? 

A. No, sir, 

Q. You never heard that ? 

A. I think probably I have heard that. 

Q. Did you have instructions to "plug" around for the Republi- 
can party, when you should have been working for Mr. Tolerton? 

A. No, sir. 

Q. What do you mean by "our people are in favor of the law?" 

A. That is ; our county people. 

Q. You mean by that your "county people?" 

A. Yes, sir. 

Q. That is Audrain county? 

A. Yes, sir; that's the reason that term was used, probably. 

Q. Now I find here that ' ' IMexico and vicinity ; nothing doing here 
in the hunting line ; our boys took .out their license very well consider- 
ing their feeling against the administration ; ' ' what do you mean by 
that? 

A. I meant, simply, that a good many men were against the Re- 
publican administration. 

Q. Do you mean the Republican administration or the administra- 
tion of the law? 

A. I mean the Republican administration. 

Q. Why was there a feeling against the Republican administra- 
tion? 

A. That's something I can't answer. 

Q. You say that was your business to collect hunting license? 

A. No, sir. 

Q. To see they were collected ? 

A. No, sir. 

Q. Did you do anything of that kind? 

A. No, sir. 

Q. Then in addition to seeing that three men were arrested, and 
none convicted, what other service did you render for the fish and game 
department for the year 1910? 

A. I kept men out of trouble many times who probably would 
have violated the law otherwise. 



116 [50 

Q. Was it a part of your business to go and tell men not to vio- 
late the law? 

A. Yes, sir. 

Q. We Jiave no men telling others not to violate the law against 
murder and arson ; why did you tell them not to violate the game law ? 

A. Because I thought it was my duty. 

Q. Who gave you that instruction? 

A. I assumed that. 

Q. You assumed to go where you chose and charge expense up 
too ; did you, to the state ? 

A. Yes, sir, 

Q. And you assumed, when you found men violating the law, to 
discharge them without trial? 

A. Yes, sir. 

Q. You found criminals and turned them loose without prosecu- 
tion? 

A. Yes, sir. 

Q. Why did you do that ? 

A. Because it wasn't vicious violation; there were three parties 
up in Randolph county, and they were farmers, and there was a lady 
wrote me and told me there was a violation of law there going on — 

Objected to by Senator Buford— all these questions can be an- 
swered by yes or no, and so many explanations are useless don't tend 
to prove or disprove any issues in this case — that alleged in this resolu- 
tion, I think it very unwise, and I think the Senate and House will so 
think that a lot of foreign mattei-s ought to be injected into this 
record. 

(Mr. McCarty.) The chair will rule that the witness should answer 
the questions as briefly as possible in justice to the committee and 
himself. 

Q. Did you use your discretion? 

A. I felt justified, or I wouldn't have done it. 
• Q. Did you yourself, decide that? 

A. Yes ; I assumed the responsibility of not prosecuting them. 

Q. Did you have any instructions from the game warden to do 
that? 

A. No, sir ; I did not. 

Q. Now, besides having three men arrested, who were not con- 
victed, and keeping , some men from violating the laws who might 
otherwise have done so, what other service did you render the game and 
fish department of the State ? 

A. In trying to see the game laAV was obeyed. 



56] 117 

Q. In what way? 

A. In every way that I could. 

I believe that is all. 

(Mr. Mitchell.) Q. Now you spoke about ignorant men; do you 
mean by that, men who were ignorant in regard to the fish and game 
law? 

A. Yes, sir. 

Q, You spoke of politicians being opposed to this law, there were 
some Repul)lican politicians opposed to it as well, were there not? 

A. Yes, sir. 

Q. And Republican men, just the same as Democrats? 

A. Yes, sir. 

Q. And some of these men who were ignorant in regard to the 
law were Republicans, the same as Democrats? 

A. I suppose; I never stop to inquire a man's politics. 

Q. Now in regard to the enforcement of the law, you thought it 
was best in enforcing this law, not to be severe on people? 

A. Yes, sir. 

Q. I'd like to ask you this; we also have a new law, making it 
necessary for the registration of births and deaths; now isn't that law 
violated in your section? 

A. I have understood that. 

Q. Has anybody ever been arrested for the violation of that law ? 

Objected to by Mr. Orr, immaterial. 

Mr. Mitchell : INly question is just as competent as the one asked 
the witness by Mr. Orr, in regard to the law against murder. 

(IMr. McCarty.) The chair will have to rule that it doesn't come 
within the prosecution of this case; the chair did not notice at the 
time Mr. Orr's reference to criminal law, there being no objection 
made, and the chair will rule that whether or not any objection was 
offered, this doesn't come into this case; what we are investigating 
is this game warden case, and that only. 

(Mr. Orr, continuing.) Q. You told the doctor that there were 
Democrat and Republican politicians both opposed to this law? 

A. I will tell you right now, I don't know whether they were 
Democrats or Republicans. 

Q. You told the doctor they were both? 



I told him they probably was. 

You told him they were? 

I told him tliey probably were. 

Why didn't you say ''probably" in this then? 

I correct myself now. 



118 [5G 

Q. Why did you say in the report, there are a few "Democratic" 
politicians; then, why did you report "Democratic politicians? 

A. There were some few politicians working against it; I don't 
know whether you would call them politicians or not, they were men 
who lived in the county. 

Q. Do you call them politicians? 

A. I call any man who takes a great interest in politics a poli- 
tician. 

Q. Are you a politician? 

A. To a certain extent, I am. 

Q. Is every man who votes, a politician? 

A. He ought to be. 

Q. Why didn't you report that the Democrats and Republicans 
were active against it? 

A. Because I never heard a Democrat say so. 

Q. You told the doctor they were ? 

A. No; I don't think I did. 

(By Mr. Orr.) Will the stenographer turn to Dr. Mitchell's ques- 
tion and read the question and answer bearing on this point (stenogra- 
pher does so.) 

(Mr. Orr, continuing.) Q. Now you told Dr. Mitchell there were 
some Republicans just as well as Democrats? 

A. Yes, sir. 

Q. Now you say "probably," but you don't know? 

A. Yes; I say I don't know. 

Q. Why did you tell the Doctor, yes, sir ; then ? 

A. Well, I don't know. 

(Senator Buford.) Q. In signing your monthly report you went 
before some notary public ? 

A. Yes, sir. 

Q. You certified that you had in that and in all your weekly re- 
ports, certified that all of them were true reports? 

A, Yes ; that 's what I did. 

Q. You say now, that those are not true reports? 

A. Well ; in that sense ; I should rather think it should have been 
written out. 

Q. Can you tell this committee how it happened you were so 
lenient with your oath at the end of each month, if these reports are 
not true? 

A. What do you mean by lenient ? 

Q. AVell, you took an oath — 

A. I made these seporte out and made my monthly report out 



r>6j 110 

just as I tliouglit was right, and they were correct, or I wouldn't have 
made them out. 

Q. You state now they are not full reports ? 

A. What I mean, I would not fill out the report in full. 

Q. Now you state there are several days' work you did not put 
on these reports? 

A. Yes, sir. 

Q. You find that to be true, don't you? 

A. Yes, sir. 

Q. Then the statement you made under oath to Mr. Tolerton, for 
which you received money, was not correct ? 

A. No, sir; the report I made to Mr. Tolerton was correct. 

Q. Well, do you still insist that there are several days work that 
you did in the year 1910, that was not in this report? 

A. Yes; but I done the w^ork just the same. 

Q. You have received — that is, you never have made any report 
to Mr. Tolerton that you haven't received pay for it, have you? 

A. Yes, sir ; up to the first of the year. 

Q. On what did Mr. Tolerton base his calculations for which to 
pay you for three hundred and sixty-five days in the year, if he had no 
statements from you? 

A. He had a statement. 

Q. He had these blank statements from which he calculated ? 

A. The report was I was to work every day, while it don't show, 
yet I was to work every day. 

Q. But you say this is not complete, and it does contain several 
blank days? 

A. Yes, sir. 

Q. And Mr. Tolerton has actually paid you for a great number 
of days when your report showed that you had done absolutely nothing. 

(By the Chairman.) One at a time; there are two of you talking 
at once. 

(If an answer was given it was not audible.) 

I believe that is all. That is all. Witness excused. 

Mr. Henry Reynolds, being produced and sworn according to law, 
testifies as follows : 

(Question by Mr. McCarty.) State your name? A. Henry 
Reynolds. 

Q. Where do you live ? 

A. In St. Louis county, AVebster Groves, 1007 North and South 
road. 



Q, IIow old are you? 

A. I am forty-six years old, about that. 

Q. What is your present occupation? 

A. I am deputy game warden under Mr. Tolerton. 

Q. How long have you been deputy game warden? 

A. I believe about since September, 1909, wasn't it the 15th of 
September? 

Q. Have you been deputy game warden ever since then on up to 
the present time? 

A. Yes, sir. 

Q. Where is your territory, Mr. Reynolds ? 

A. Partly in the city of St. Louis, and in the county of St. Louis ; 
I go out in the county. 

Q. How many deputy game Avardens are employed in the city of 
St. Louis? 

A. Well, at the present time three, Mr. Grether, myself and Mr. 
AViggs. 

Q. How many? 

A. Three. 

Q. You have received pay at the rate of $3.00 per day and your 
expenses ever since you have been appointed, have you? 

A. Yes, sir. 

Q. Up to the present time ? 

A. Yes ; with the exception of three, four, five or six days I was 
sick. 

Q. Were the days you were sick cut off? 

A. Yes, sir. 

Q. You didn't receive pay for them? 

A. I think they were. 

Q. Can you be positive about that ; because if they were cut off of 
you, I guess you are about the only one? 

A. I don't remember the dates just now, but my reports ought to 
show. 

Q. About what month was it? 

A. I think 1909, along in the fall; I think, I am not sure. 

Q. Mr. Reynolds, you said you had some day off when you were 
sick ; that that was always taken off ? 

A. Only that one time ; I don't know whether it was sick or when 
I went home to bury my mother ; that was in March. 

Q. Are these the reports you made and sent in to the Game 
Warden, for the year 1910? 

A. Yes; those are my reports. 



56] 121 

Q. These reports are true and correct statements of the work 
you did for the Department ? 

A. Yes, sir. 

Q, And all of the work that you did for tlie Department? 

A. Yes, sir. 

(Senator Buford.) Q. IMr. Reynolds, if anyone accuses you of 
liavin^ done other work in the official discharge of your duty other 
than what is mentioned in here, or partially mentioned, that is 
untrue, is if? 

A. 1 don't know as I was ever guilty of anything only working, 
that's all. 

Q. AVhile the work you did was fresh in your memory, you cer- 
tified to this ? 

A. Yes, sir. 

Q. And if there are any days you do not certify to anything, that 
was days you were sick? 

A. On the occasion I went home to bury my mother, and one time 
when I went home because I was sick. 

(Mr. McCarty.) Q. When was it your mother died? 

A. I think it was in Marclr, 1910; along in there. 

Q. Now, for the year 1910, you were paid for three hundred and 
sixty-five full days, were you not? 

A. AVall, I couldn't say whether you donate — that time I was sick, 
what year was that? 

Q. That is 1909 ? 

A. AVell, the others I got full pay except these two days there. 

Q. AVell, if the report to the State Game and Pish AVarden for 
the year 1910, a copy of which I hold in my hand, says that- you re- 
ceived pay for three hundred and sixty-five days at the rate of three 
dollars per day, amounting to $1,095.00, which would be for every day 
in the year, Sunday included; is that report correct, or is it incor- 
rect? 

A. Well, it must be correct ; I wouldn't say positive about it. 

Q. I hand you this report, and ask you to look at the name of 
Henry Reynolds, days employed, 365; salary, .$1,095.00; expense, 
$424.15; that is correct as it appears on the State Game Warden's 
report, is it not ? 

A. Yes, sir. 

(By Senator Buford.) Q. How long were you sick during 1909? 

A. I believe it was a couple of weeks, I don't know how many 
days he took off; I forget now. 



V2'2 [56 

Q. And you received pay at the rate of $3.00 per day during your 
sickness ? 

A. That's what I think I done, 1 am not sure, I am not positive 
about that ; I could tell if I had the report or my book here. 

Q. Well, the books of the Game Warden show that you did re- 
ceive pay every day? 

A, Then it wasn't deducted, I forgot it. 

Q. Then you admit that is correct ? 

A, Yes, sir. 

I believe that is all. 

(Mr. Mitchell.) Q. You held yourself in readiness to be called 
by the commissioner at any time during these three hundred and sixty- 
five days? 

A. Yes. 

Q. Now you state that these reports showed the number of days 
that you had done work? 

A. Yes, sir. 

Q. Now, there is one for July 30, 1910; that shows three days? 

A. Yes, sir. 

Q. How do you explain this one then ? 

A. There might be a mistake there somewhere; let's see July 
2nd and July 30th. 

Q. Now from this one, here is one, two, three, four, five days? 

A. Well, I remember; there was a message came in from Judge 
Brooks, justice of the peace out there ; stating if I remember rightly, 
that there was some one shooting quail from the county farm ; I had 
never been over the county farm and I think I went in there to see 
them people and took the accommodation train to St. Louis, then 
worked the commission houses that evening, but I didn't say anything 
about it. 

Q. How about these dates now? 

A. This is the end of this month you know, July 30th, the report 
ends on Saturday, and Sunday would commence again on the new re- 
port, and there is only two days on this report to put on here — this is 
the winding up of this report ; the month ends on Saturday and we com- 
mence again for the following week on Sunday. 

(Mr. Orr.) Q. Now, Mr. Reynolds, you say you had a message 
from a justice of the peace to come to some place? 

A. I think it was on that occasion. 

Q. You went in response to the justice when they called you? 

A. Yes. 



56] 123 

Q. And you didn't have any special orders from the Game Com- 
missioner ? 

A, No, sir. 

Q. To go on these matters ? 

A. No, sir. 

Q. You simply went on your own volition? 

A. Yes, sir. 

Q. What instructions did you have in regard to your work when 
you were first appointed? 

A. The instructions were to do everything in our power to enforce 
the law, and we never have counseled Mr. Tolerton in regard to where 
or how we should go. 

Q. AVhom do you mean by "we?" 

A. Mr. Grether, myself and Mr. AViggs. My work consists of 
the commission houses, that's a portion of my work, and taking care of 
the contributions that we receive; we go to the Third street market, 
and the Second street market and the Fourth street markets, and go 
among the commission ho.uses and see that they are not handling 
game; we go to the fish markets and the Union market, all of them 
over town ; we go to the Zoolaw market and — 

Q. Well, in other words, you went to all of the markets? 

A. Yes, sir. 

Q. Then what do you do? 

A. We take in short fish and game and confiscate it and turn it 
over to the proper parties. 

Q. During the year 1910, how many times have you confiscated 
short fish? 

A. It would be hard to tell. 

Q. Take the year 1910? 

A. We get lots of short fish every year. 

Q. For 1911? 

A. They don't handle near as much as they used to. 

Q. Just give us an estimate of the number of times you have con- 
fiscated ? 

A. We average three or four or five times during the week. 
Q. Maybe a hundred and fifty times a year? 
A. Yes, sir. 
Q. All you three men? 
A. No, sir ; my own confiscations. 
Q. What else? 

A. Well, we visit Valley Park, probably get a letter from some 
lady; for instance — will write or send a message that there was some 



124 [56 

man killing song birds out there, and answering calls over tlie 'phone. 

Q, What else do you do ? 

A. AVe work — I leave at 5 :40 or 6 :10, that puts me into the Union 
about 6:45, and we work there till eight or nine o'clock looking after 
the men coming in with their game and we hold them up and see if 
they have their licenses ; the limit on ducks is fifty, and on quail, forty- 
five I believe — I generally have that work to do every morning, to see 
if there is anything there shipped illegally, and then I return to the 
office about nine or ten o'clock, sometimes eleven. 

Q. "What do you do there? 

A. I stay there till after one o'clock unless a call comes in, I 
am there to answer it. 

Q. Do you maintain an office there for three men? 

A. Yes; you might call it an office, it only contains a desk and 
four chairs and a second hand typewriter. 

Q. Now, why do you have an office ; is it for one man to stay 
there while the other two men are being relieved? 

A. We keep an office so there will be a place where we can answer 
and can 'phone from every, and to every part of the city or State. We 
are supposed, somebody, to be there and answer that 'phone sometime 
during the day, and that is about the extent of the office work. 

(Question by Mr. Mitchell.) Q. What are these 'phone messages 
you get? 

A. In regard to shipments of some game and the train coming in, 
tell us what time they will be here. 

Q. Giving you information about what time they would arrive? 

A. Yes, sir. 

Q. And you keep one man at this station to answer these 'phones? 

A. Yes, sir. 

Q. You never know when they are coming in? 

A. No, sir. 

(Question by Mr. Orr.) Q. AVhen you report yourself sick on 
these days, you did not render any service to the State on these 
occasions ? 

A. No, sir. 

Q. Did your department there institute any proceedings, prose- 
cute anybody? 

A. Yes, sir ; but I settled on my own account. 

Q. How many convictions were secured ? 

A. I don't remember; I got two Italians for killing some song 
birds and they were fined $25.00 and costs, and I got another party for 



56] 125 

killing birds, and I got the American Hotel for $25.00 for serving quail, 
tliey were prosecuted ; and I a)id I\lr. ( Iretlier got four gentlemen this 
side of St. Louis, about St. Charles in the bottoms there — 

Q. Give an estimate of about how many you convicted? 

A. Well, we got four gentemen, and convicted three out of four. 

Q. Your convictions are shown in your reports"? 

A. They were hunting with borrowed licenses, one of them ac- 
knowledged he stole the other party's license, and we of course, had to 
let that man go, we didn't prosecute him but we got three out of the four 
that's about all I can think of now. There's thousands of cases where 
we could have prosecuted fellows for hunting without license, but Mr. 
Tolerton advised us, and I think it was rather beneficial, for the poor 
people are unable, lots of times to get licenses, and they need to hunt 
for something to eat, and we would say to them "you are hunting with- 
out license, violating the law, you must not do that and if you will 
give me your gun and go and get your license, get them in the county 
or in St. Louis, and come to my office on Seventh street, and show me 
your license, I will turn you loose, otherwise, that poor man and his 
family would suffer the consequences of punishment of $25.00 and costs. 
Children, boys, have to go through the juvenile court — I have caught 
one hundred boys in the last two years hunting, "what are you doing, 
son" — "I am hunting;" "got any license;" "no, sir" "who was your 
father, what kind of man is he to let you hunt without license ; ' ' well, 
he will go home and tell his folks all about it ; now rather than to put 
that fellow through the juvenile court, I'd say, now give me this gun, 
I will take it and you go home and tell your father to come and see 
me and bring your license, and I will release your gun, now that is the 
best I can do, otherwise I will have to punish you. I do not have the 
heart to put that boy in the juvenile court, and that is the reason there 
hasn't been any more prosecutions. 

(Senator Buford.) Q. I notice some of the deputy wardens 
have certified they spent a day at the polls working for certain parties 
in elections? 

A. I don't do that kind of business, I only have one job and I 
don't mix up in elections at all. I am not a great politician. I have 
been a Republican in a great many instances where I think it is right 
to be. 

That is all. That is all. "Witness excused. 



]2G [56 

MR. P. G. BOEITIMEK, hc'iuix lirst duly sworn lU't'onliiisi" lo l;iw, 
tostifios as i'ollows: 

(Question by J\Ir. Orr.) Q. WIkmt do you livo? 

A. AVarsaw, Bontoii county. 

Q. You are deputy jxame and lisli wai'den? 

A. Yes, sir. 

Q. AVlien "were you appointed? 

A. I was appointed the fiftli ol" Oetol)er, 1909. 

Q. What is your business outside oi" the iiaiiie warden business? 

A. I have none at all. 

Q. AVhat was your business before you became deputy ganio 
warden? 

A. I was deputy county collector, 

Q. When you were commissioned as game warden, wluit were 
your instructions as game warden? 

A. To look after violations of the game and fish laws. 

Q. And tell the committee what you did in carrying out your in- 
structions? 

A. I investigated complaints madeb}' citizens of my district in 
regard to violations, followed out the instructions of ]\Ir. Tolerton to 
investigate complaints sent to liim, direct. 

Q. And did you investigate — all these investigations you nuvde 
were they at his direction or instructions, or d\d you exercise the 
right to go where you chose, wherever you chose on complaints coming 
to you from the outside? 

A. I had the right to go and investigate complaints coming to 
me direct, without first consulting him. 

Q. You had no special instructions from him to make the trip you 
would make and charge uj) your expense account to the State, did 
you? 

A. Yes sir; a great many tin\es. 

Q. All of them you did not ? 

A. No, sir ; not all of them, 

Q. You made a great many of these trips on your own volition, 
to go somewhere in the county, did you not? 

A. Yes; in other words, he allows us our own routing. 

Q. About how^ nuiny times did you receive instructions from him 
to go into diflt'erent sections through your territory? 

A. Different times. 

Q. Would you attempt to estimate the niunber of times? 

A. I don't think that I can. 



5G] 127 

Q. KouKlily (!sliinat(; il? 

A, 1 would ,jii<lt,'<! iliJil ifioiM! lliJiii li;iir of llic liiiK' I li}iv(! gone on 
Iiis instructions. 

(.1 Yon nu;an more than liiili" oi" tlir<M; liiindr*',*! and sixty-five 
days ? 

A. Yes, sir. 

Q. 'J'iujn yon would say tin; other iiall" you went on your own 
volition? 

A. Yes; that is I patroled my territory at my own ehoosing, 
where I followed up the complaints of individuals. 

il You made weekly reports to Mr. Tolerton eaeh week, did 
you? 

A. Yes, sir. 

Q. I will show you these ntports and ask you ii" tlnjse are the 
weekly reports you made to Mr. Tolerton? 

A. Yes; thos(j are mine. 

(Mr. MeCJarty.j (^ Then you say these are your reports for 
1910? 

A. Yes; all I liave hxjkcd over are mine. 

(Mr. Orr, continuing.; (^. I vvisfi you would look at them and 
he sure that they are all yours? 

A. Yes; they arc;. 

Q, Thos(; are all your r(;ports? 

A. Yes; those are all mine;. 

(Stenographer, please mark these as exhibits at leisure.) 

Q. Those are full and complete reports of work accomplished by 
you '! 

A. Y(;s, sir; unless there; was an (!rror made in them. 

Q. Now, did you work ev(;ry day in the year? 

A. Yes, sir. 

Q. >Sundays included? 

A. Yes, sir. 

Q. What did you do on Sunday, in the discharge of your duties? 

A. A great many times I was away from home, one Sunday 
especially, I was at Holivar on the river, watching parties supposed 
to be dynamiting fish; a nundxjr of Sundays 1 have been away on sev- 
eral occasions at other places. 

Q. You say "Warsaw, watching fishermen along the river, Mon- 
day at Warsaw, Tuesday wat(diing hunters and fishermen?" 

A. Yes. 

Q. What were you doing on tlu; river wateliing fishermen and 
hunters ? 



3 23 [5G 

Q. Wc had a niiuiber of fishcrraen, two or three who fished for the 
market, and they were supposed to be using nets and seinos. 

Q. Were yon acquainted with them, and there visiting witii them; 
sitting on the banks with them ? 

A. No; I laid around out of sight and watched them. 

Q. Did they know you were there? 

A. No, sir; I suppose not. 

Q. Did 3'ou catch them? 

A. No, sir. 

Q. Did you make any arrests during the last year, 1910? 

A, Yes, sir. 

Q. How many? 

A. There was only one in 1910, I think, and there were two in 
1909. 

Q. Did you prosecute them? 

A. Prosecuted every case. 

Q. What were the results ? 

A. Convictions. 

Q. In all three cases? 

A. Yes ; all three cases. 

Q. What were they fined? 

A. Twenty-five dollars in each ease. 

Q. What else did you do towards carrying out the game and fish 
law ? 

A. I also dynamited some fish dams in the steams. 

Q. How many of these did you dynamite? 

A. I dynamited two and the water got up and T had to discon- 
tinue that work. 

Q. Now in addition to the two or three men you prosecuted and 
the two fish dams you blew out, what other service did you render the 
State in the discharge of your duties? 

A. I had two other cases that I prosecuted, but did not succeed 
in getting a conviction. 

Q. And what else did you do? 

A. Examined hunter's licenses; go out to see hunters and ex- 
amine their licenses — see if they had more game than they were en- 
titled to ; see whether they had more than the limited number of game. 

Q. Was it your duty to collect licenses? 

A. No, sir. 

Q. Was it your duty to see that they took out hunter's license? 

A. Yes, sir. 



5G] 129 , 

Q, Did you make any arrests of men for violation of law an J 
then discharge tliem on condition that they would take out hunter's 
license ? 

A. No, sir, 

Q. You did nothing of that kind ? 

A. No, sir. 

Q, Had you ever received instructions from the Fish and Game 

Warden to do that work? 

A. No, sir. 

Q. You had no such instructions? 

A. No, sir. 

Q. And you worked every day in the year 1910? 

A, Yes, sir. 

Q. You made a report for each week did you not, Mr. Boehmer? 

A. Yes, sir. 

Q. Your report for November isn't here? 

A. November report should be there. 

Q. I mean for one week in November? 

A. It should be there. 

Q. Did you make report for the week ending November 12th? 

A. I suppose I did. 

Q. Tliat was election week? 

A. That report should be there. 

Q. What did you do election day, the eight of November? 

A. I was at home election day, and went up along the river to 
watch the fishermen. 

Q. Did you spend most of the day in the city? 

A. Part of the day. 

Q. You voted? 

A. Yes, sir; I voted. 

Q. Spend any time working at the polls? 

A. Not particularly. 

Q. You did some, though ? 

A. No more than any other time talking. 

Q. You did about as much as any other time? 

A. I spent more time on that account than I would if it was not 

election day. 

Q. You usually take part in elections? 

A. Tlie same as any otlier American citizen would, 

Q. And you did on this day ? 

A. To that extent, that T voted. 



130 [50 

Q. Did you solicit voters for any candidate or party? 

A. No answer. 

(Question by Mr. Mitchell.) Q. You were at Bolivar one Sun- 
day, you say? 

A. Yes, sir. 

Q. Any other town? 

A. Yes; I was at all these towns. 

Q. You were at Humansville? 

A. Yes, sir. 

Q. While there, you cautioned the hoys about taking out licenses? 

A. Yes, sir. 

Q. Instructed them in regard to the law? 

A. Yes, sir; I did. 

That is all. 

(Mr. Orr, continuing.) Q. I note you say you were in Jefferson 
City and went to Sedalia on one of these reports ? 

A. That I was here and went to Sedalia? 

Q. Was at Jefferson City and went to Sedalia? 

A. That may be, possibly I was here working on the game farm 
last year. 

Q. Yes; Sunday of the week ending April 30, at Jefferson City; 
went to Sedalia at night "what were you doing at Jefferson City?" 

A. I was here helping on the game farm. 

Q. How many limes were you here helping on the game farm? 

A. I don't just remember, I think two or three different times. 

Q. Do your reports for the time you were working on the game 
farm show you were working on the game farm? 

A. They should; yes, sir. 

Q. I notice your report for the week ending March 26, and March 
31st, show you were at Jefferson City working on the game farm? 

A. Yes, sir. 

Q. Went home from Lexington to AVarsaw to arrange for work, 
etc., then on AVednesday, Thursday, Friday, Saturday, Sunday, Mon- 
day, Tuesday, Wednesday, Thursday show you were at work on the 
game farm? 

A. Yes, sir. 

Q. What were you doing on the game farm? 

A. I played painter, post-hole digger, looked after fencing — all 
these things. 

Q. You .were getting $3.00 per day for that? 

A. Yes, sir. 



56] * 131 

Q. Just common laborer? 

A. Yes, sir, 

Q. And your expenses ? 

A. Yes, sir. 

Q. Three dollars per day and expenses for common labor, were 
you? 

A. Yes, sir. 

(Question by Mr. Mitchell.) Q. You also lield yourself in readi- 
ness to go down into the Seventli district any time you received notice? 

A. Certainly ; if we had work arranged, we would, and we would 
go along the river and look for violations here. 

(Senator Buford.) Q. How many more deputy wardens were 
here helping on the game farm at tlio time you were? 

A. I think three others. 

Q. They were also getting three dollars per day and expenses? 

A. I suppose. 

(Question by Mr. Orr.) Q. You charged your expenses up to 
Jefferson City to go to work for the State? 

A. Yes, sir. 

Q. And charged your expenses here to the State? 

A. Yes, sir. 

Q. And three dollars per day as common laborer for your work? 

A. Yes, sir. 

Q. Unless your reports show you were here working on the 
game farm that time, you were here on some other business, were you 
not? 

A. Well, I don't know as I had any other business here. 

Q. Did you ever come to Jefferson City on any other business 
than to work on the game farm? 

A. Yes, sir. 

(Question by Mr. McCarty.) Q. At the same time you were 
h(u-e, did you also charge up your ])oard to the State? - 

A. Hotel bills, do you mean? 

Q, Yes, sir. 

A. Yes, sir. 

Q. Where did you stop here? 

A. At the Monroe House. 

Q. What did it cost you? 

A. The rates were $2.00 per day, but we got meal tickets and we 
got a reduction ; I think the report shows less than two dollars per day 
part of the time. 



132 ' [56 

Q. Then for the time j^ou were here doing common labor on the 
game farm, it cost tlie State your expenses from your town to Jef- 
ferson City and back, and three dollars per day, and your liotel bill of 
about two dollars per day? 

A. Understand, at the same time I was ready to do any other 
work, and did do other work. , 

Q. Answer my question, that is all I want to know ? 

A. All expenses were of course, charged up to the State accord- 
ing to law. 

Q. And about how many days did you say you were here? 

A. I don't remember correctly, I think something like ten or four- 
teen days. 

(Question by Mr. Orr.) Q. Do you remember going to Sedalia? 

A. Yes, sir. 

Q. Did you go from Jefferson City to Sedalia? 

A. When I got through on the game farm I went from here to 
Sedalia. 

Q. I will get you to examine your reports for April, and will ask 
you if on April, Sunday the 24th, your report doesn't show you were 
at Jefferson City, and went to Sedalia at night? 

A. It says "at Jefferson City." 

Q. Yes ; but doesn't the report say "at Jefferson City and went to 
Sedalia at night?" 

A. Yes; the same as I am here today, and work here today, and 
go to Sedalia on the night train. 

Q. I will ask you if the report shows you did any work preceding 
that day— April 24th? 

A. All of these show I did work. 

Q. I mean at Jefferson City? 

A. No, sir; not at Jefferson City. 

Q. I will ask you if Saturday, it doesn't show you went from 
Boonville to Jefferson City? 

A. Yes, sir. 

Q. Then at that time you were not working on the game farm ? 

A. No, sir. 

Q. Why did you come to Jefferson City? 

A. I came to see Mr. Tolerton. 

Q. At his request do you know? 

A. No, sir. 

Q. At your own instance? 

A. Yes, sir. 



56] 133 

Q. And that was cluirged up to the State as expense of that trip 
here ? 

A. Yes, sir. 

(Question by Mv. McCarty.) Q. How far is it from where you 
live to Jefferson City? 

A. I don't know exactly — I can't say the number of miles, it is 
$1.89 from here to Sedalia, railroad fare, and $1.26 from Warsaw to 
Sedalia, I came here to see Mr. Tolerton in regard to the violation of 
law in shooting ducks out of row boats at Warsaw, I was told by some 
lawyers, they didn't think that section constitutional, and I came to 
confer with him in regard to it. 

(Question by Mr. Orr.) Q. Why did you then go on to Sedalia? 

A. I went from here there to get to my regular work in my 
territory. 

Q. Which way did you come from ? 

A. I went from Sedalia to Boonville, and went from Boonville to 
Lexington — Jefferson City — 

Q. And went from Jefferson City to Sedalia ? 

A. Yes, sir. 

Q. Why did you go to Sedalia ? 

A. To get back into my territory. 

That is my territory. 

Q. Is Boonville in your territory? 

A, It is just across the river from my territory. 

Q. Why didn't you write to Mr. Tolerton and get the information 
you wanted? 

A. AVell, I thought while I was up here I'd come down and see 
him, I had written him in regard to it and didn't feel I had satisfactory 
explanation. 

I believe that is all. 

(Question by Mr. Mitchell.) Q. While you were in Jefferson 
City, did you acquire any knowledge in regard to these game birds, 
pheasants, and so on? 

A. Yes, sir. 

Q. In addition to the work you were doing? 

A. Yes, sir. 

Q. You were also acquiring knowledge to teach the people of the 
Seventh district how to take care of and propagate these l)irds ? 

A. Yes; I informed myself as much as T could in regard to their 
habits, etc. 

That is all. That is all. Witness excused. 



134 [56 

MR. D. H. HATFIELD, being duly sworn according to law, testi- 
fies as follows : 

(Question by Mr. Orr.) AVliere do you live? 

A. In St. Joseph. 

Q. You are deputy game and fish warden? 

A. Yes, sir. 

Q. Appointed when ? 

A. I went to work about the 15th of September, 1909. 

Q. What instructions did the game warden give you when you 
were appointed? 

A. Why, in what way do you mean ? 

Q. In regard to your official duties? 

A. AYell, my instructions were to look after illegal hunting, and 
see that people got licenses; look after seiners and netting, etc. 

Q. What did you do toward carrying out these instructions, what 
official duties did you perform, and what results did you accomplish? 

A. Well, sir ; I have accomplished one good result you might say ; 
I have had 5,047 licenses taken out in my county, since I have been 
there, and it is due to the fact that I have kept constant watch on them, 
traced them up, checked them up, and encouraged the taking out of 
licenses, I never have made but two arrests for hunting without license, 
while I may have made probably a hundred if I had tried, but our in- 
structions were not to be too harsh or mean with people in the way of 
enforcing the law, but if we met a party who would give a plausible 
excuse for not having a license, and who was willing to take one out, 
present his application next day, go and get a county license and mail 
them to me — which they have done, I expect in a hundred cases — in 
place of arresting them and prosecuting them. Of course, I have lived 
in St. Joe for thirty-nine years and I know everybody in that section 
of the country, and I can pretty near tell any fellows who would violate 
the law if they had an opportunity. 

Q. Then your main effort was in trying to get people to take out 
licenses, rather then to prosecute them for violation of the law? 

A. Well, enforce the law in every Avay necessary. 

Q. You say you found possibly a hundred men hunting without 
license who you got to take out licenses? 

A. There are probably many more than that that I have caused 
to take out licenses, because we have 5047 licenses issued. 

Q. I mean that all men you found hunting without licenses, was 
as many as one hundred that you got to take out licenses? 

A. I suppose — I have taken them out for them myself. 



56] . 135 

Q. You found tlieui liuntiug without license, and you took tliem 
out and sent them to them? 

A. Yes, I— 

Q. Did you prosecute any? 

A. Two. 

Q. What was the result? 

A. They were convicted and fined, that is we only prosecuted 
two. 

Q. In the year 1910? 

A. No ; that was 1909, those two were hunting without license. 

Q. Did you prosecute any in the year 1910? 
■ A. Yes, sir ; some seiners. 

Q. What result? 

A. I got two seiners in Doniphan Lake and fined them $150 a 
piece and the trial is still pending, it is set for the 12tli I believe — 

Q. You mean it hasn't come to trial yet? 

A. No, sir; not in the criminal court. 

Q. Now you made weekly reports to the Game Warden did you 
not, of the work done by you ? 

A. Yes, sir. 

Q. I will show you these reports, and will ask you if these are the 
ones you sent each week to the Game Warden at Jefferson City? 

A. Yes ; those are the reports that I made. 

Q. Well now, those reports are the full and correct reports of 
the work done by you for each week, are they ? 

A. Yes, sir. 

Q. And those reports show that you went from place to place in 
your territory; and that you charged the expense of it to the State? 

A. Yes, sir. 

Q. Now at whose instructions did you make these various trips 
out over the country? 

A. Well, frequently by instructions from Mr. Tolerton, the game 
and fish warden; he would frequently get letters from parties, who 
would be complaining on something being done in the community, 
and he would mail the letter to me with instructions to go and look 
after it, 

A. And frequently you made these trips without special instruc- 
tions from him, did you? 

A. Not any long distance. 

Q. AVell, you made some trips without special instructions? 

A. AVell, you see I have a district that covers about — well, you 



136 [56 

might say within sixty miles of St. Joseph, both north and south, with, 
I think, about ten or fifteen lakes. 

Q. And you would make these trips over that territory on your 
own volition? 

A. Yes; we are expected to use our own judgment, we are ex- 
pected to find violators of the law, we are expected to look after it, for 
instance, I have put in night after night on these lakes, looking after 
men who were seining on the lakes, that we were to protect under this 
law, and I believe I have it thoroughly broken up in that part of the 
country. 

Q. And all this resulted in how many prosecutions for illegal 
fishing with nets and seins ? 

A. I never prosecuted but these two men for seining, but I kept 
close tab on them. 

Q. All your trips out over the territory were taken at your own 
instance ; because you thought there might be something going on and 
you went to investigate it, did you not ? 

A. Yes, yes ; that 's what our — 

Q. I show you report ending October 28, and call your attention 
to "Tuesday" of that week? 

A. Well, Tuesday you say of this week? 

Q. Yes, sir. 

A. That was October 28, it would — 

Q. That would be the week ending October 28th? 

A. Well, that's some little distance out from St. Joseph. 

Q. But on this side, where you make your report of work done, 
there; there is nothing shown? 

A. It must be an oversight of mine, because it is on this side, and 
it ought to have appeared on the other side. 

Q. The other' side is St. Joseph, One Hundred and Two river; 
what is One Hundred and Two river? 

A. About seven miles east of St. Joseph. 

Q. St. Joe to One Hundred'and Two river ; but you report nothing 
done that day? 

A. Well, I neglected to put that on the back, but the rej^ort sliows 
I went to St. Joe to One Hundred and Two river. 

Q. But it doesn't show you did anything? 

A. Well, One Hundred and Two river is my district where there 
is a great deal of trot fishing. 

Q. A man might go down there on private business, do you re- 
member whether you did or not? 

A. No, sir; I do not. 



56] 137 

Q. Do you remember what you did go for? 

A. I went there to look after hunters and transgressors. 

Q. And yet you did not put it in the report because it was an 
oversight of yours, is that right? 

A. Yes ; an oversight. 

Q. You got pay for three hundred and sixty-five days in the year 
1910, did you not? 

A. Yes, sir. 

Q. Did you work three hundred and sixty-five days? 

A. I certainly did every day and put in as many as two months 
at night on the lake ; I have been there night after night lying around 
on these lakes watching for those fellows seining. 

(Mr. McCarty.) Q. You understand that each day in that report 
is considered twenty-four hours? 

A. Yes; that is all very true but a man is not supposed to work 
twenty-four hours. 

Q. I show you report ending October 31st, which shows entry on 
Sunday and Monday of that week, with Tuesday, Wednesday, Thurs- 
day and Friday blank, and another entry of something done on Satur- 
day? 

A. Thursday, Friday and Saturday you say are blank here ? 

Q. Here it is, Tuesday, Wednesday, Thursday and Friday? 

A, That is part of a week, my week ends in the middle of the 
week; I made two reports in it. 

Q. Then if that is true on this report, is that the end of one 
week there, and the beginning of another week, you have got — you 
have Sunday, Monday and Saturday there ? 

A. Yes; but the week ending before this must have added on 
those. 

Q. AVhere is the report ahead of this? 

(Mr. Orr, continuing.) Q. Here it is, October 28th. 

A. There is one missed in that, isn't there? 

Q. Yes, sir, 

A. AVell, that ended on October 28, there being 31 days in this 
month, would be three more days added to that. 

Q. That may be true, but here is Saturday the 28th, in here is 
Sunday the 30th, Monday the 31st, and Saturday, what ? 

A. Would Saturday be the 28th? 

Q. Saturday is the 28th in tliis report. 

A. How do you know it is the 28th? 

Q. Because you say it is the week ending the 28tli? 

A. Well, all weeks do not end on Saturday. 



138 



[56 



Q. No, but you say for the week ending October 28th T 

A. Yes; but it might not end on Saturday; if you will show me 
a calendar for that montli I will explain it, the week don't always end 
on Saturday, but if you will show me a calendar I will explain. 

(Mr. Orr.) I have no calendar of that year here. 

(Mr. McCarty.) Q. In making out these reports, these reports 
are arranged for the week to begin on Sunday and to end on Saturday, 
aren't they? 

A. Well, suppose a month comes in on Monday or Tuesday? 

Q. Well, you should make a piece of report for that? 

A. Well, that's where these pieces of reports come in. 

Q. You make report for the first seven days of the month, and 
then finish it out at the final end of the month? 

A. If you have a calendar here, we will look this up. 

(Mr. Orr, continuing.) Well, we will just leave it to the calendar. 

(Question bj^ Mr. Orr.) Q. How old are you? 



I was fifty-five years old the 12th of last month. 

What business have you besides that of deputy game warden? 

I was formerly in the horse business up in my country. 

Buying or raising? 

Dealing in horses, principally. 

In what way? 

Buying and selling. 

Still interested in a barn there ? 

No, I am not interested in any barn at all. 

Do you work at your business of horse trading now? 

No, sir. 

On these various trips that you make, do you buy and sell and 



trade ? 

A, No, sir; I haven't bought but one horse since I have been in 
this business — sold one and bought one. 

(Question by Mr. Mitchell.) Q. AVhere did you say you live? 

A. St. Joseph, Missouri. 

(Senator Buford.) Q. You only drew pay for the time you were 
actually engaged? 

A. Yes; that is all. 

Q. And you certified to each day that you were engaged ? 

A. Yes, sir. 

Q. For how many days did you draw money as deputy game 
warden for the year 1910? 

A. I drew for three hundred and sixty-five days ; Sunday is one 
of my busiest days, there is more hunters go hunting on Sunday around 



56] 139 

liiesc lakes than during the Aveek, I often think I would like to be 
with my wil'c, but I luiven't had tlie opportunity for some time. 

(Question by Mr. Mitchell.) Q. You think then, you have 
earned your money? 

A. I do really think I have earned every cent I ever drew from 
the State, and I am sure I never charged them up with a cent of ex- 
pense that wasn't actually incurred. 

(Senator Buford.) Q. Here is your December account, that you 
certify to be the 24th of December, and no other accounts? 

A. What is your question? 

Q. You certify that you worked there up to the 24th of De- 
cember ? 

A. \V(dl, sir; worked up to the 24th and we were instructed by 
]\[r. Tolerton to send reports in l)y the 24tli of December in order to 
get his books straightened up, and we didn't charge any expense after 
that at all, but worked all the time, after the 24th day of the month 
we didn't make any expense report at all. 

Q. But you got your $3.00 per day? 

A. We were still working ; you take it in the city there, no other 
game warden but me; take it over the city looking after gas and cold 
storage and express offices, it is a good deal of work for a fellow to do 
any way. That was the instructions from Mr. Tolerton to get the re 
ports in by the 24th in order to give him opportunity to balance his 
books and get them straight. 

(Mr. McCarty.) Q. You deputy game wardens sent in your re- 
ports to Mr. Tolerton of your work or operations from the 24th of De- 
cember till the first of January? 

A. We didn't send any reports at all, no, sir; that was our in- 
structions, not to. 

(Question by Mr. Mitchell.) Q. You didn't send in any expense 
report? 

A. No, sir ; l)ut it was understood we were to be working around 
in our neighborhood. 

(Question by Mr. McCarty.) Q. You drew pay until the first 
of the year? 

A. Yes, sir; yes sir. 

(Senator Buford.) Q. Do you recollect what you were doing on 
the 8th of November? 

A. Last November? 

Q. Yes, sir. 

A. Well, sir; in the morning, up until about 11:00 o'clock I was 
looking after some of the cases in the city, and went up to my precinct 



140 [56 

and voted and staid there a while and talked around there an hour or 
so, I guess ; if you want to find out anything about my political record 
you can ask Senator Lysaght, I have known him ever since a boy. 

That is all. That is all. Witness excused. 

(Mr. Orr.) Let the record show we offer all weekly reports of 
J. V. B. Martin and A. C. Wright, and all reports of deputies examined 
the afternoon of March 3rd, 1911. 



50] . 141 



REPORT OF GAME WARDEN MARTIN. 



JANUARY, 1910 

Sunday, January 2. — In Independence. 

Monday, January 3. — To Kansas City, and went to several commis- 
sion bouses and cold storage places. 

Tuesday, January 4. — Got horse and buggy, went to tbe country. 

Wednesday, January 5. — Stayed in Independence. 

Thursday, January 6. — Went to tbe country. 

Friday, January 7. — To Kansas City to look after some prairie 
chickens that I heard of, but found none. 

Saturday, January 8. — In Independence. 

Sunday, January 9. — Stayed in Independence. 

Monday, January 10. — To Kansas City. 

Tuesday, January 11. — Went down tbe Blue and to Lake City. 

Wednesday, January 12. — To Sheffield. 

Thursday, vlanuary 13. — To Kansas City. 

Friday, January 14. — Went to the country. 

Saturday, January 15. — In Independence. 

Sunday, January 16. — Stayed in Independence. 

Monday, January 17. — Went to Kansas City. 

Tuesday, January 18. — To the country. 

Wednesday, January 19. — AVent to Excelsior Springs to see after 
fish traps : found none. 

Thursday, January 20. — In Excelsior Springs. 

Friday, January 21. — To Atherton ; gave out copies of the law. 

Saturday, January 22. — In Independence. 

Sunday, January 23. — In Independence. 

Monday, January 24. — To Kansas City. 

Tuesday, January 25. — Got horse and buggy ; went to Blue Mills and 
Sibley. 

Wednesday, January 26. — To Sheffield and down on Blue River. 

Thursday, Januarj'- 27. — To Blue Springs. 

Friday, January 28. — ^Went to Lees Summit. 

Saturday, January 29. — Independence. 

Sunday, January 30. — Stayed in Independence. 

Monday, January 31. — To Kansas City in morning and country in 
afternoon. 

Total expenses, $48.32. 



M2 [56 

FEBRUARY, 1910. 

Tuesday, February 1. — Drove east to Little Blue river, on Lexington 
road, and over to Spring Branch road, back to Independence. 

Wednesday, February 2. — Spent the day in Kans^is City around 
commission houses, fish markets and hotels. 

Thursday, February 3. — To Sugar Creek, on 'phone report of hunt- 
ers killing squirrels: located hunters, made them show license, but found 
no squiiTels in their possession. 

Friday, February 4. — To Buckner and Sibley, and talked to justice 
of peace and constable ; received one application for license. 

Saturday, February 5. — Spent the day in Independence. 

Sunday, February 6. — At home in morning, drove to the country in 
the afternoon. 

Monday, February 7. — Spent the day in Kansas City, Sheffield and 
vicinity ; collected two license applications. 

Tuesday, February 8. — ]\Tost of the day at home, sick with a pretty 
bad cold. 

Wednesday, February 9. — Spent the day in Independence. 

Thursday, February 10. — To Oak Grove, and left a few copies of the 
law and application blanks as requested by parties I am working with 
there. 

Frida}^, February 11. — Made a trip to Courtney, on river and mouth 
of Mill Creek; collected one application for license. 

Saturday, February 12. — Spent the day in Independence. 

Sunday, February 13. — Drove to the country loooking for Sunday 
hunters. 

Monday, February 14. — To Kansas City; spent the day around com- 
mission houses and fish markets. 

Tuesday, Februaiy 15. — To Atherton and vicinity ; collected one ap- 
plication for hunter 's license. 

Wednesday, February 16. — Spent the day in Independence. 

Thursday, February 17. — Went to Sugar Creek and surrounding 
territory. 

Friday, February 18. — Spent the day in and around Kansas City. 

Saturday, Februarj^ 19. — In Independence. 

Sunday, February 20. — Drove to the country near Lake City. 

Monday, Februaiy 21. — Went to Kansas City; spent the day around 
markets. 

Tuesday, February 22. — In and around Sheffield. 

Wednesday, Fel)ruary 23. — Drove out on River Road to Cement 
Citv. 



56] 143 

Tlnirsday, February 24. — Went to Kansas City and Westport. 

Friday, February 25. — Stayed in Independence. 

Saturday, February 26. — To the country along the Spring Branch 
Road. 

Sunday, February 27. — Went to Sheffield. 

Monday, February 28. — To Kansas City in morning and again in 
afternoon. 

Total expenses, $17.15. 

MARCH, 1910. 

Tuesday, March 1. — Went to Kansas City; spent the day around 
commission houses and fish markets. 

Wednesday, March 2. — Went dowTi on Sugar Creek looking for fish 
nets; found none. 

Thursday, March 3. — Got horse and buggy and drove to Lake City. 

IViday, March 4. — To Sheffield and down on the Blue. 

Saturday, March 5. — Stayed in Independence. 

Sunday, March 6. — Spent the day over in Excelsior Springs. 

Monday, March 7. — Went to Kansas City and took in fish markets 
and commission houses. 

Tuesday, March 8. — Went do^\^a on Little Blue, looking for fish 
nets and traps. 

Wednesday, March 9. — Took a drive out to Courtney and along Mill 
Creek. 

Thursday, March 10. — Drove out to Raytown ; gave out copies of the 
]aw. 

Fridaj'^, March 11. — To Sheffield and gave out several copies of law, 
then walked down to mouth of Blue. 

Saturday, March 12. — Stayed in Independence. 

Sunday March 13.— Stayed in Independence all day. 

IVIonday, March 14. — Went to Kansas City, looked through fish 
markets and commission houses, collected one application for State 
license. 

Tuesday, IVIarch 15. — Spent the day looking after fish nets reported 
on Big Blue ; found none in river. 

Wednesday, March 16.— Drove to Buclmer anti Lake City, looking 
after duck hunters. 

Thursday, March 17. — Went east of town to lakes and Little Blue. 

Friday, March 18. — Got horse and buggy and drove out to Raytown. 

Saturday, March 19. — Spent the day around Independence. 

Sunday, March 20. — Stayed in Independence. 



144 [5G 

Monday, Marcli 21. — Went out to Eock Creek looking for fisli nets; 
did not find any there. 

Tuesday, March 22. — Spent the day in and around Independence. 

Wednesday, March 23. — Drove out to Lake City looking for hunters. 

Thursday, jNIarch 24. — Got horse and buggy and drove out to Ather- 
ton and down Little Blue; found nothing. 

Friday, March 25. — ^Went to Kansas City and went through fish 
markets and commission houses. 

Saturday, March 26. — Spent the day around town. 

Sunday, March 27. — Stayed in Independence all day. 

Monday, March 28. — Went to Kansas City in the morning, and in 
Independence in afternoon. 

Tuesday, March 29. — Got horse and buggy and drove to Mill Creek; 
found no nets in the water. 

Wednesday, IVIarch 30. — To Kansas City and found 120 pounds of 
short croppie ; gave them to Helping Hand. 

Thursday, March 31. — Took constable and went on Big Blue to the 
Missouri river ; found one hoop net in water ; took it, but have not found 
owner. 

Total expenses, $22.12. e 

• 
APRIL, 1910. 

Friday, April 1. — Spent the day in Kansas City and Sheffield. 

Saturday, April 2. — Stayed around Independence all day. 

Sunday, April 3. — Stayed around town all day. 

Monday, April 4. — To Kansas City; looked through fish markets; 
found nothing wrong. 

Tuesday, April 5. — In and around Independence all day. 

Wednesday, April 6. — Went to the river on Mill Creek; foimd no 
nets. 

Thursday, April 7. — ^Went down on Big Blue looking for seiners. 

Friday, April 8. — Got horse and buggy and went to see some fish 
traps; found none. 

Saturday, April 9. — Went down on Big Blue to the river. 

Sunday, April 10. — Stayed in Independence. 

Monday, April 11. — Went to Kansas City to see Mr. Turner in re- 
gard to his telling some men they could sein in Missouri river; did not 
• find him. 

Tuesday, April 12. — Went to Atherton and on Little Blue. 

Wednesday, April 13. — To Kansas City again to see Mr. Turner; he 
read me a letter from you in regard to seining in Missouri river. 



56] 145 

Thursday, April 14. — W(>nt to Sugar Creek lookiug for iish nets; 
found none. 

Friday, April 15. — AVent to Sheffield and down on Big Blue. 

Saturday, April 16. — In Independence all day. 

Sunday, April 17. — Stayed in Independence all day. 

Monday, April 13. — Went to Kansas City in morning ; went through 
fish markets, and to Sheffield in afternoon on Big Blue. 

Tuesday, April 19. — Drove to the Missouri river and to the mouth 
of Mill Creek; found no nets in the water. 

"Wednesday, April 20. — Went to the country and stayed all morning, 
found no hunters. 

Thursday, April 21. — Drove to Atherton and down on Little Blue 
looking for squirrel hunters ; found none. 

Friday, April 22. — AVent up to Kansas City and Centropolis. 

Saturday, April 23. — Stayed in Independence and talked with some 
farmers ; heard of some young squirrels being killed. 
* Sunday, April 24. — Stayed in Independence. 

Monday, April 25. — Got a 'phone message from a Mr. Scott at Ex- 
celsior Springs, saying some parties were killing squirrels over there ; so 
went over to see about it. 

Tuesday, April 26. — At Excelsior Springs; drove out around the 
country, but did not find any hunters. 

AVednesday, April 27. — Drove out to Little Blue Station ; went up 
and down the river; found no nets or seins in the water, 

Thursday, April 28. — Got horse and buggy ; drove out to Lake City 
to Buclmer looking for hunters; found none; got one application for 
license. 

Friday, April 29. — AVent to Kansas City; looked through fish 
markets. 

Saturday, April 30.- — Stayed in Independence and talked to several 
people about the fish and squirrel law. 

Total expense, $18.90. 

MAY, 1910. 

Sunday, May 1. — Drove out to the country in and around Lake City. 

Monday, May 2. — Stayed in Independence all day ; talked with sev- 
eral farmers about squirrel law. 

Tuesday, May 3. — Went to Kansas City, and went through fish 
markets ; found a few small fish. 



50—10 



146 [56 

Wednesday, May 4. — Went down on Sugar Creek looking for hunt- 
ers, but found none. 

Thursday, May 5. — Stayed in IndepcMidence in morning, then to 
Sheffield in afternoon. 

Friday, May 6. — Tn Independence all day. 

Saturday, May 7. — Talked with farmers on Saturday and drove out 
north of town in afternoon. 

Sunday, May 8. — Stayed in Independence all day. 

IMonday, May 9. — Went to Kansas City and looked through fish 
markets ; found no short fish. 

Tuesday, May 10. — Received a letter from a John F. Ritter of Wel- 
lington, saying squirrels were being killed south of Levasy ; drove down 
there, but could not find any hunters or any one that would say they had. 

Wednesday, May 11. — Went to Sheffield and down on 'Big Blue look- 
ing for fish nets. 

Thursday, May 12. — Drove down to Sugar Creek and to the Missouri 
river. 

Friday, May 13. — Went to Kansas City and went to the fish markets. 

Saturday, May 14. — Went to the country again looking for hunters. 

Sunday, May 15. — Stayed in Independence all day. 

Monday, May 16. — ^Went to Kansas City and through fish markets. 

Tuesday, May 17. — To Sheffield and down on Blue ; found no nets. 

Wednesday, May 18. — Drove to Leeds looking for hunters, and back 
to Centropolis and along Blue. 

Thursday, May 19. — Went out in country looking for hunters. 

Friday, May 20. — ^Went down on Little Blue, looking for fish traps ; 
found an old one with no bottom in it. 

Saturday, May 21. — Rode out to Sugar Creek looking for hunters 
and fishermen. 

Sunday, May 22. — Stayed in Independence. 

Monday, May 23. — Went to Kansas City and went through fish 
markets. 

Tuesday, May 24. — In morning drove to Atherton and down on Blue, 
in the evening went to Jefferson City. 

Wednesday, IMay 25. — Spent the day in Jefferson City ; went out to 
Mr. Tolerton's pheasant farm. 

Thursday, May 26. — Went to Excelsior Springs to see Mr. E. C. 
Clevenger; got team and drove out to the coimtry ; found no one hunting. 

Friday, May 27. — Spent day in vicinity of Excelsior Springs. 

Saturday, May 28.- — Spent day in and around Excelsior Springs. 

Sunday, May 29.^Stayed in Independence. 



r)6] 147 

Monday, ]\Iay 30. — Decoration Day — stayed in and around Inde- 
pendence. 

Tuesday, INlay 31. — Got liorse and l)uggy and drove out to Blue 
Springs looking for squirrel hunters. 

Total expenses, $34.40. 

JUNE, 1910. 

Wednesday, June 1. — Went to Blue Springs and Grain Valley in 
regard to hunting; found no one willing to testify that they had seen any 
squirrels killed. 

Thursday, June 2. — Drove to Atherton in morning; in evening went 
to Sheffield and on Blue ; found two men fishing with dip nets ; arrested 
them ; they said a Mr. Chafin gave them the right to fish ; saw Mr. Chafin ; 
he asked me not to prosecute until he wrote to you ; very poor people and 
one a cripple. 

Friday, June 3. — Went to Kansas City and through fish markets; 
found nothing. 

Saturday, June 4. — Stayed in Independence ; received the eggs and 
was busy looking after getting them out. 

Sunday, June 5. — Got horse and buggy; went to the country looking 
after hunters ; gone several hours, but found no one hunting. 

Monday, June 6. — Busy all day getting the pheasant eggs out to the 
different parties that wanted them. 

Tuesday, June 7. — Went to Kansas City, and coming back stopped 
off at Blue : got boat, went down Blue, found large hoop net, took it home 
with me ; have not found owner so far. 

Wednesday, June 8. — Went to the country looking for squirrel 
hunters, but found no one hunting or fishing. 

Thursday, June 9. — Went to Lake City, through timbered country ; 
found people that told me squirrels were being killed, but would not tell 
who they were. 

Friday, June 10. — ^Went to Courtney looking for game and fish vio- 
lators, but could not find any. 

Saturday, Jime 11.^ — To Kansas City, went through fish markets, and 
went to see Mr. Chaffin, who said he would write to you about parties I 
had arrested for using dip nets; was not able to find him. 

Sunday, June 12. — Spent the morning in Independence; in after- 
noon went to Blue River, got a boat and rowed to mouth of Missouri 
river, where there was a great many fishing parties from Kansas City. 

Monday, June 13. — Drove to Blue Mills and to the mouth of Mill 
Creek where it empties into river, looking for fishermen and hunters, but 
found none. 



148 [56 

Tuesday, June 14.— Got horse and buggy, drove to Blue Springs, and 
from there on to Grain Valley and out in the eountry ; for.ud no one vio- 
lating the law. 

Wednesday, June 15.— Spent most of the day m and around Inde- 
pendence, and in the evening took a trip to the river at Sheffield. 

Thursday, June 16. — Spent the day in driving out to Raytown, 
Leeds and Dodson, looking after reported violators. 

Friday, June 17.— Spent the day on Blue River, between 15th street 
and Leeds: lots of people out for picnics, but no violators. 

Saturday, June 18. — Spent morning in Kansas City around fish 
markets, and the afternoon out in Sheffield. 

Sunday, June 19. — Drove out to the country, looked for hunters on 
my way out and back, but found none. 

IMonday, June 20. — Received letter from Ray county, asking me to 
come over to see after some sc[uirrel hunters, so on Monday evening I 
went over. 

Taesday, June 21. — Got horse and buggy, drove all day, found no 
one that was willing to swear that they saw any squirrels killed. 

Wednesday, June 22. — Came back from Ray county and stopped off 
at Sheffield, wooking for fishermen, but found none. 

Thursday, June 23. — Drove out to Blue Springs; spent the Avhole 
day looking for hunters, but didn't find any one hunting. 

Friday, June 24. — Went, to the country with a friend; thought I 
might be able to find some hunters. 

Saturday, June 25. — Went to Kansas City and through fish markets, 
but found nothing wrong. 

Sunday, Jime 26. — AYent for a drive with a friend to the country; 
fomid no hunters. 

Monday, June 27. — Went to Sheffield and dow^i on Big Blue ; found 
no nets or seins in the water. 

Tuesday, June 28. — Got horse and buggy and drove down on Little 
Blue looking for hunters and fishermen ; found none. 

Wednesday, June 29. — Drove down on Mill Creek and to Courtney ; 
foimd two boys, about 12 or 13 years old, were going hunting; had no 
license ; I took names and address ; said they would take out license. 

Thursday, June 30. — Stayed in Independence talking to the people 
and circulating a petition for redistrieting the State. 

Total expenses, .$32.07. 



56] 149 



JULY, 1910. 

Friday, July 1. — Drove to Knobtown, Little Blue and Lee's Summit 
looking for violator's of the law ; found no one fishing. 

Saturday, July 2. — Went to the country with a friend in the morn- 
ing, and in the afternoon stayed in Independence ; talked to the country 
people about the law. 

Sunday, July 3. — Got lioree and buggy and went to the country 
down on Little Blue ; found people fishing, but no seines or nets. 

IMonday, July 4. — Went to the countiy in morning with a friend in 
autoujobile ; saw no violators. 

Tuesday, July 5. — Went to Kansas City and out to Dodson; spent 
the day ; found nothing wrong. 

AVednesday, July 6. — Drove out to Sugar Creek and then down on 
the river in the afternoon. 

Thui*sday, July 7. — Rode out in the coimtry looking after hunters 
without license ; found no one. 

Friday, July 8. — Spent the day in Kansas City and went through 
the fish markets. 

Saturday, July 9. — Stayed in Independence; talked to the people 
about taking out hunting license. 

Sunday, July 10. — Went over to Excelsior Springs in the morning 
to sta}^ a few days. 

Monday, July 11. — Drove out in the countiy; saw several farmers 
that I bad met before; said my trips over there had been a great help; 
that the law had been observed a great deal better. 

Tuesday, July 12. — ^AA^ent to the country with a friend ; drove about 
14 miles ; found no one hunting or fishing. 

Wednesday, July 13. — Got horse and buggy ; went down on fishing 
river looking after nets and seins ; found none in the water. 

Thursday, July 14. — Rained all day, so came home from Excelsior 
Springs in the evening. 

Friday, July 15. — ^Went to Kansas City and went through the fish 
markets : stopped off at Sheffield. 

Saturday, July 16. — Went to Oak Grove to the picnic ; talked with a 
good many farmers in regard to the game law, and distributed copies of 
the law. 

Sunday, July 17. — ^Went to Sheffield in the morning and down on 
Blue River; found no one seining. 

Monday, July 18. — Went to Kansas City and then down to the 
mouth of Sugar Creek ; found no one fishing, only with a hook. 



150 " [r^G 

Tuc'sdny, July If).— (lol liorsc jind i)ugy:y; wont to Little Blue look- 
ing for fishermen ; saw levv^ fishing with hooks. 

Wednesday, July 20. — Went to Centropolis and Leeds on liig Blue, 
had been told by Mr. Casvsel (a farmer) that parties had been fisliing with 
nets, but I did not find any. 

Thursdfiy, duly 21. — Stayed in Iiideix'ndencc all day; seen a, good 
many people in regard to license. 

Friday, July 22. — Spent the day in Kansas City and went through 
the fish markets and commission houses. 

Saturday, July 23. — Went to Horse Shoe Lake picnic; seen people 
from all over the country ; visited and talked the fish and game law to 
them. 

Sunday, July 24. — Spent the day in Kansas City. 

Monday, July 25. — Went to Kansas City and through fish markets; 
stopped off! at Sheffield. 

Tuesday, July 26. — Drove to Little Blue and then to Lee's Summit 
and in the country around there. 

Wednesday, July 27. — To Dodson and down on Brush Creek, look- 
ing after some parties that had been reported violating the law, but found 
no evidence. 

Thursday, July 28. — Went to Blue Springs, talked to good many 
people about license ; found, no one violating the law. 

Friday, July 29. — Went to Atherton to see after some fishermen 
heard of down on Little Blue ; found them, but found no nets or seines. 

Saturday July 30. — Stayed in and around Independence all day, 
talked with great many farmers. 

Total expenses, $34.53. 

AUGUST, 1910. 

Sunday, July 31. — Went to the country with a friend; thought I 
might be able to find some violators, but did not. 

Monday, August 1.— ^Got hoi"se and buggy and went down on Sugar 
Creek and Rock Creek ; found no one hunting or fishing. 

Tuesday, August 2. — Stayed in Independence all day; wor-ked in 
the election all day ; saw lots of farmers. 

Wediu'sday, August 3. — Went to Kansas City and Sheffield ; went 
through (ish markets; found everything all right. 

Thursday, August 4. — Heard of some parties fishing with nets down 
on Little Blue, above Blue Tank; found some nets hanging on the fence, 
but none in the water. 



.%| 151 

l^'ridiiy, Aii^^iist, 5. — Went to K;ms;is (Jily niid loolu^d through fish 
inurkcis; foiuMl no short fisli. 

Sii1iir-(hiy, Aiif^ust ('). — Stfiyod in Jndepcindencti ;dl diiy, ;ind talked 
Ihc hivv lo scvci'ji! iKirtif's. 

Sinnhiy, August?.- Drove Hi niilfs out in the country with a friend; 
found no one hunting or (isliing. 

.Motuhiy, Augusts. — Rained all <lay; in tlie ev(!ning went to Kansas 
(Jity; looked througli fisli inarkets; foinid nothing doing. 

Tuesday, August U. — Went to Courtney and down on Mill (Jrcick ; 
stopped at Mr. Davis' to S(!e the pheasants Ik; is raising; getting along 
fine; they are about all that are being raised out of the eggs I gave out. 

We(hiesday, August 10, — Went to Raytown and then three mih;s 
south; .saw tiie eonstal)h! and urged hini to see aft(!r tlie violators in liis 
t(!rritory and to see after the lieens(!. 

Thursday, August 11. — Went to tin; eou/itry t(j look after sorne dove 
hunf(;rs that was 'plioned to me about, but found none;. 

Friday, August 12. — Went to Leeds and then down Jiluc; to (htn- 
tropolis; found no nets in the water and no hunters. 

Saturday, August I'J. — Stayed in Independenee all day and talked 
with the fann(!rs. 

Sunday, August 14.. — Got horse and buggy and drove to the eouiitry 
looking after dove hunters. 

Monday, August 15. — Spent the day in Kansas City ; went to the city 
market and looked around. 

Tuesday, August IG. — W(;nt ovca- to Exeelsior S[)rings Tuesday 
afternoon and stayed all night so as lo be there early Wednesday morn- 
ing. 

Wednesday, August 17. — Cot horse and buggy and drove out in the 
country, but did not (ind any one hunting or fishing, so came honie Wed- 
nesday evening. 

Thursday, August 18. — Drove to Ulue Springs and spent the day 
in anfl around there. 

1^'riday, August ]f). — Went out to Jjake (Jity and in tlie eountry 
looking for hunters. 

Saturday, August 20. — Stayed in Independence all day; saw a great 
many farmers. 

Sunday, August 21. — Sfayed in Independener! all day. 

Monday, August 22.— Went lo Sheffield and down en lilue River 
looking for nets. 

Tuesday, August 2'i. — Drove to the (;ouidry with a friend; Ihought 
I might find some hunters, but did not. 



152 [56 

Wednesday, August 24. — Got horse and buggy; went to Atherton 
and down on Blue ; found no one hunting. 

Thursday, August 25. — Went over to Excelsior Springs; saw and 
talked to a great many people, but found no himters. 

Friday, August 26. — Got telephone from the coimtry in regard to 
parties out there himting. Drove out there but failed to find them. 

Saturday, August 27.— In Independence all day, saw and talked to 
great many farmers. 

Total expenses, $27.59. 

AUGUST-SEPTEMBER, 1910. 

Sunday, August 28. — Helped Mr. Boehmer get the pheasants ready 
for the fair. 

Monday, August 29. — Out at the fair grounds and finished getting 
the birds ready to display. 

Tuesday, August 30. — Spent the day at the Independence, Missouri, 
fair. 

Wednesday, August 31. — Spent the day at the Independence, Mis- 
souri, fair, assisting in taking care of pheasants. 

Thursday, September 1. — Spent the day at Independence, Mis- 
souri, fair, assisting in taking care of pheasants. 

Friday, September 2. — Spent the day at the Independence, Mis- 
souri, fair, assisting in taking care of pheasants. 

Saturday, September 3. — Spent the day at the Independence, Mis- 
souri, fair, assisting in taking care of pheasants. 

Sunday, September 4. — Helped Mv. Boehmer get the pheasants ready 
for shipping. 

Monday, September 5. — Went to Sheffield and walked to Rock Creek 
looking for fishermen. 

Tuesday, September 6. — Drove down to Buckner and talked to the 
constable and justice, urged them to see after the license. 

Wednesday, September 7. — Went over to Lalce City and down on 
Little Blue looking for hunters and fishermen. 

Thursday, September 8. — Took a drive down in through the country 
around Sugar Creek; found no violators. 

Friday, September 9. — In the morning went to Kansas City; went 
through fish market ; found one short bass. 

Saturday, September 10. — Stayed in Independence all day. 
Sunday, September H. — Spent the day riding through the country 
around Independence. 



56] , 153 

Monday, September 12. — Went to Kansas City to meet Mr. Hig- 
gins and he had not arrived. He was given my address and 'phone, so 
as I could meet him the follov^^ing day. 

Tuesday, September 13. — ^^-Vent to Kansas City, Mo., and met Mr. 
Iliggins ; had a talk with him about conditions in this district. 

Wednesday, September 14. — Spent the day in Buckner, Mo., and 
vicinity, looking after hunters. 

Thursday, September 15. — Went to Butler, Mo., and met Mr. Boeh- 
mer ; spent the day at Butler, Mo. 

Friday, September 16. — Went to Kansas City and visited the fish 
market; I found 10 pounds short bass and gave them to the Young 
Ladies' Home. 

Saturday, September 17. — Went to the county farm, which they were 
dedicating. 

Sunda}'-, September 18. — Heard of some nets being taken out to the 
Blue ; so went to see if I could find them, but failed to do so. 

Monday, September 19. — To Kansas City, went through fish markets 
and some commission houses ; stopped off at Sheffield coming back. 

Tuesday, September 20. — ^Went to Leeds and Centropolis and up and 
doxATi Big Blue River. 

Name of hotel or restaurant — Leeds Hotel. 

Wednesday, September 21. — Went to Buckner and Lake City; got 
three applications for license. 
• Name of hotel or restaurant — Buckner Hotel. 

Thursday, September 22. — Went to Sugar Creek and aroimd through 
the country near there. 

PViday, September 23. — Drove down to Little Blue, and aroimd the 
lakes looking for hunters. 

Saturday, September 24. — Spent the day in Kansas City around 
commission houses, stores and fish markets. 

Total expenses, $21.46. 

(Last Week in September not with the full report.) 

OCTOBER, 1910. 

(First day of October not with the full report.) 
Sundaj'-, October 2. — Stayed in Independence all day. 
Monday, October 3. — Went to Sedalia to the State Fair. 
Tuesday, October 4. — Met Mr. Tolerton and most of the deputies; 
also heard a fine talk made by Mr. Palmer from New York. 

Wednesday. October 5.-— Met Mr. Tolertoii and the cleputies again; 



154 [56 

heard the game and fish hiw discussed, and a short speech by CJovernor 
Hadley. 

Thursday, October 6. — Went to Kansas City and went through the 
fish markets and some commission houses. 

Friday, October 7. — Spent the day in the country with a friend; 
saw a number of farmers ; talked the game law to them. 

Saturday, October 8. — Went to Sheffield, and down on Big Blue; 
found no nets or rseines in the water. 

Sunday, October 9. — Stayed in Independence all day. 

Monday, October 10. — Went to Kansas City and went through fish 
markets and some commission houses; found nothing. 

Tuesday, October 11. — ^W''ent on a call, out to Leeds, and in the coun- 
tr>^, looking after hunters : found no one hunting. Leeds Hotel. 

Wednesday, October 12. — Drove out to Buckner with a friend and 
out in the country from there. 

Thursday, October 13. — Spent the day in Kansas City. 

Friday, October 14. — Drove out in the countrj^ to look after some 
hunters. 

Saturday, October 15. — Went to Sheffield and upon Big Blue look- 
ing after fishermen. 

Sunday, October 16. — Took the constable to Lee's Summit, then 
drove to country to look for hunters ; found two foreigners ; could not talk 
our language, so looked up their boss ; he said they would take out license, 
so let them go by paying $2 for license, which I sent them next day. 

IMonday, October 17. — Drove to Sugar Creek looking for hunters, 
but found none. 

Tuesday, October 18. — Went to Blue Springs, Grain Valley and Oak 
Grove, talked to the justices of peace and one constable ; found no hunters. 

Wednesday, October 19. — Went to the country and to Leeds, and up 
on Little Blue ; found no violators. 

Thursday, October 20. — To Kansas City; went through some com- 
mission houses and the fish markets; found 19 pomids of short croppie 
and bass at W. H. Beaty, and 11 pounds at T. H. Bickner; gave them to 
the Parental Home, 922 Westport Ave. 

Friday, October 21. — Drove to Lake City, Buckner and Levasy ; 
found no violators. 

Saturday, October 22. — Went to the country and back by way of 
Centropolis; found no hunters or fishermen. 

Sunday, October 23. — Drove to the country; found two Italians with 
guns; took their guns, also their names, also their boss' name; so he sent 



5GJ 155 

them ill ami paid for their lieense; said they would not hunt on Sunday 
again, and ;so let them go. 

]\[onday, October 24. — Went to Kansas City and to fish market and 
some commission houses. 

Tuesday, October 25. — AVent to Excelsior Springs; got horse and 
buggy and drove to the country ; found no violators. 

Wednesday, October 26. — Talked to several people around town in 
regard to the game law; spent the day around town. 

Thursday, October 27. — Drove to Lake City and down on the lakes; 
found no one hunting. 

Friday, October 28. — ^Went to Raytown and Leeds ; on the way home 
I found two boys with gims ; took them and they came in next morning 
and took out license. 

Saturday, October 29. — Stayed in Independence and talked to the 
people about license and hunting. 

Total expenses, $36.63. 

OCTOBER AND NOVEMBER, 1910. 

Sunday, October 30. — 'Phone call from Knobtown about dead fish 
in Little Blue; went to see about it; found some catfish, looked like they 
had been dead three or four days ; could not find out who did the dyna- 
miting, if any had been done. 

Monday, October 31. — Drove out east of town to the countiy ; did not 
find any violators. 

Tuesday, November 1. — Went to Sugar Creek and around the coun- 
try near there ; found no hunters. 

Wednesday, November 2. — Drove to Lake City and around tlie lakes ; 
found no one hunting. 

Thursday, November 3. — Stayed in Independence all day, talking to 
the people. 

Friday, November 4.-^ Went to Kansas City and spent the day 
around town. 

Saturday, November 5. — Busy all day on the streets here in Inde- 
pendence. 

Sunday, November 6. — 'Phone call to come north of town to see after 
some hunters; was unable to find any. 

Monday, November 7.— Went up to Kansa.s City and through the 
fish markets ; found nothing wrong. 

Tuesday, November 8. — Stayed in Independence all day. 

Wednesday, November 9. — Drove to Leeds a^d out to the country; 
found no hunters. 



156 [56 

Thursday, November 10. — Went to Courtney and then to Atherton, 
and on to the country ; did not find any one hunting. 

Friday, November 11. — Went up to Centropolis and Sheffield and up 
on the Blue. 

Saturday, November 12. — Stayed in Independence and talked to the 
people about hunting- and taking out license. 

Sunday, November 13. — Stayed in Independence all day, 

Monday, November 14. — Went to Lee's Summit to see Mr. Harris 
about the deer; did not find him at home. 

Tuesday, November 15. — To Kansas City in the morning, looked 
through fish markets and few commission houses; in afternoon drove to 
Sugar Creek and Atherton. 

Wednesday, November 16. — Drove out to Atherton and Blue Mills 
looking for hunters ; did not find any. 

Thursda}^ November 17. — Drove to Lake City and down to the lakes ; 
found no one hunting. 

Friday, November 18. — Went to Blue Springs, Grain Valley and 
Oak Grove ; talked with the justice of peace, and aided them to look after 
the license, then went on to Lone Jack. 

Saturday, November 19. — In Lone Jack got four applications for 
license; went to Cockrel and then on to Lee's Summit, seen Mr. HaiTis; 
he had just returned from South Mo. ; gave him your letter and one at- 
tached from Hermann, Mo. 

Sunday, November 20. — Stayed in Independence all day. 

Monday, November 21. — Got horse and buggy, drove to Sugar Creek 
and out in the country looking for hunters. 

Tuesday, November 22. — Called to go to Ray county to look after 
some hunters; did not find any. 

Wednesday, November 23.— Went to Kansas City, looked through 
fish markets and some commission houses. 

Thursday, November 24. — Received five . applications for license in 
the morning and in afternoon took four deputy constables to the country 
with me looking for violators ; did not find any. 

Friday, November 25. — Went with a friend in auto over to Liberty 
and out in the country ; found no hunters. 

Saturday, November 26. — To Sheffield and Kansas City in morning, 
the rest of day around Independence. 

Sunday, November 27. — Drove to the country; took deputy con- 
stable along on a 'phone call ; failed to find any one. 

Monday, November 28. — ^Went to Lake City, Buekner and Sibley 
looking for himters ; saw constable and justice of peace. 



56] 157 

Tuesday, November 20. — To Kansas City ; loolced thi'Oiigli fish mark- 
ets and some commission houses; stopped oil! at Sheffield coming back. 

Wednesday, November 30. — Drove to the country with a friend, 
looking for hmiters. 

Total expenses, $32.84. 

DECEMBER, 1910. 

Thursday, December 1. — Drove to the country and stayed nearly all 
day looking for hunters. 

Friday, December 2. — 'Phone call to come to Courtney and Eaton 
to see after some hunters. 

Saturday, December 3. — Went up to Kansas City and down through 
the fish markets. 

Sunday, December 4. — Had telephone call to the country ; took con- 
stable with me, but did not find the hunters. 

Monday, December 5. — Spent the day in Lee's Summit, talked with 
some farmers and the constable ; urged constable to look after license. 

Tuesday, December 6. — ^Went to Kansas City and through the fish 
markets and some commission houses. 

Wednesday, December 7. — Drove to Blue Springs and Grain Valley ; 
did not find any himters. 

Thursday, December 8. — Went to Atherton with a friend and out in 
the country ; saw on one hunting. 

Friday, December 9 — To Kansas City and went through some cold 
storage places ; found no game. 

Saturday, December 10 — Stayed in Independence all day. 

Sunday, December 11 — Had telephone call to the country; took 
constable and drove out; did not find anyone hunting. 

Monday, December 12 — AVent to Sheffield to watch for hunters 
going out on train ; saw two, but both had license. 

Tuesday, December 13 — Stayed in Independence all day. 

Wednesday, December 14 — Went over to Excelsior Springs to see 
after some hunters. 

Thursday, December 15 — Drove out to the country looking for 
hunters ; found few, but all had license. 

Friday, December 16 — Drove all day in country around Excelsior 
Springs and then came back to Independence in evening. • 

Saturday, December 17 — To Kansas City through fish markets and 
some commission houses. 

Sunday, December 18 — Had a 'phone call to the country; took a 
constable and drove out there, but failed to find the hmiters. 



158 [56 

Monday, December 19 — Drove to Raytown and to Leed's looking 
for hunters, saw no one hunting. 

Tuesday, December 20 — AVent to l^uekner and then over to Sibk'y, 
and in country around there. 

Wednesday, December 21 — To Sugar Creek on a call to see after 
some hunters, but they left before I got there. 

Thursday, December 22 — Received a call from Kansas City about 
some small fish ; got eleven ll)s. and gave to the Helping Hand. 

Friday, December 23 — Went to Blue Springs with a friend; seen 
no hunters; talked with constable and said very few hunters over 
there. 

Saturday, December 24 — To Kansas City, looked through fish 
markets, but found no more short fish. 

Total expenses, $24.35. 

(Last week not with full report.) 

Report of deputy game warden, A. C. AAMght, deputy; for year 
1910. 

JANUARY, 1910. 

Sunday, January 1 — Made the rounds of hotets and restaurants. 

Monday, January 2 — Made a trip to Lee 's Summit, Mo. 

Tuesday, January 3 — I made the rounds of poultry dealers. 

A¥ednesday, January 4 — Made the rounds of city fish markets. 

Thursday, January 5 — Made a trip to Holt, Mo., and I found a few 
hunters without license, which my letter will explain. 

Friday, January 6. — I went through some packages in possession of 
some of the commission merchants. 

Saturday, January 7 — I made the rounds of millinery stores, 

Sunday, January 8 — Made the rounds of hotels and restaurants. 

Monday, January 9 — Made the rounds of fish markets. 

Tuesday, January 10 — Made the rounds of commission merchants. 

A¥ednesday, January 11 — Made a trip to Lee's Summit. 

Thursday, January 12 — Made a trip to Leeds & Laytown. 

Friday, January 13^Made the rounds of the fish markets. I sent 
seven lbs. of short croppie to the sisters hospital from Marledge's Fish 
and Oyster House, 808 Walnut St. 

Saturday, January 14 — I secured a warrant for the arrest of Roy 
Burnes of Jackson county, took him before Justice Collins at Raytown. 
Roy Burnes shot and killed two fox squirrels on the 12th day of Janu- 
ary ; he was fined $5.00 by Justice Collins, on Saturday January 15th. 

Sunday, January 15 — I spent the day with Mr. Tolerton making a 



56] 159 

trip to Swope Park in the afternoon, looking at different species of 
pheasants. 

Monday, January 16 — 1 ordered sonic cages to be sent to Mr. John 
Harper, of Butler, ]\Io., Deputy Game Commissioner. 

Tuesday, January 17 — JNIade the rounds of commission merchants. 

"Wednesday, January 18 — Made a trip to Holt, Mo. 

Thursday, January 19 — Made the rounds of hotels and restaurants. 

Friday, January 20 — Made the rounds of tish markets. 

Saturday, January 21 — Made the rounds of hotels and restaurants. 

Sunday, January 22 — I made a trip to hotels and restaurants. 

Monday, January 23 — Made the rounds of some of the commission 
merchants. 

Tuesday, January 24 — I made a trip to Lee's Summit, Mo. 

Wednesday, January 25 — I visited some of the millinery stores. 

Thursday, January 26 — Made the rounds of some of the hotels. 

Friday, January 27 — I made a trip to Belton, Mo. 

Saturday, January 28 — I made the rounds of millinery stores. 

Sunday, January 29 — Visiting hotels and restaurants. 

Monday, January 30 — IMade a trip to Lathrop, Mo. 

Total expense, $47.35. 

FEBRUARY, 1910. 

Sunday, January 30 — Made rounds of hotels and restaurants. 

Monday, January 31 — Made a trip to Lathrop, Mo., in Clinton 
county. 

Tuesday, February 1 — Visited millinery stores. 

AVednesday, February 2 — Made the rounds of millinery stores. 

Thursday, February 3 — Made the rounds of commission merchants 
and fish markets. 

Friday, February 4 — Made the fish markets. 

Saturday, February 5 — ]\Iade a trip to Lee 's Summit. 

Sunday, February 6 — Visited hotels and restaurants. 

Monday, February 7 — Visited hotels and restaurants. 

Tuesday, February 8 — Made the rounds of millinery dealers. 

AVednesday, February 9 — Made the rounds of millinery dealers. 

Thursday, February 10 — Made the rounds of fish markets. This 
nigiit T went from Kansas City to St. Louis, Mo. 

Friday, February 11. — I called on a few of the millinery dealers 
in St. Louis. 

Saturday, February 12. — Spent the day calling on millinery deal- 
ers in St. Louis. 

Sunday, February 13. — In St. Louis. 



160 [56 

AFoiulay, February 14. — Tn the forenoon I vistecl some of the 
millinery dealers in St. Louis ; I find that a few are handling or earry 
some of the aigrette feather ; found one beautiful bunch in the store of 
Peeples & Ganz, 518-20, Washington Ave. 

Tuesday, February 15. — I made a trip to Blue Springs. 

Wednesday, February 16. — Made tlie rounds of fisli markets, 

Thursday, February 17. — Made the rounds of commission merch- 
ants. 

Friday, February 18. — Made a trip to Little Blue. 

Saturday, February 19. — Made the rounds of hotels and restau- 
rants. 

Sunday, February 20. — Visited a few hotels. 

Monday, February 21. — Made the rounds of commission merchants. 

Tuesday, February 22. — Made a trip in the south part of Jackson 
county on the wolf drive ; in this round up there was four wolves, three 
made their way through the lines; one was killed. 

Wednesday, February 23. — In the forenoon I made the rounds of 
the fish markets, in the afternoon I worked in my district in an effort 
to get Republican voters out to nominate a good man for mayor. 

Thursday, February 24. — I called upon a few millinery dealers. 

Friday, February 25. — I was a delegate to the Republican conven- 
tion. 

Saturday, February 26. — Made the rounds of commission 
merchants. 

Sunday, February 27. — Made a call on a few hotels and restau- 
rants. 

Monday, February 28. — i\Iade a trip to St. Joseph, Mo., to take up 
the plumage interests with the millinery dealers of St. Joseph, Tuesday. 

Total expenses, $60.50. 

MARCH, 1910. 

Tuesday, March 1. — I made the millinery dealers of St. Joseph as a 
second day in that city, and found a great amount of the aigrette 
plumage. 

Wednesday, March 2. — I made a number of calls on millinery deal- 
ers in St. Joe, and called on Mr. Hatfield ; also the prosecuting attorney 
of Buchanan county. 

Thursday, March 3. — I made a trip to Rich Hill. 

Friday, March 4. — I, in company with Mr. John Harper of Butler, 
made a visit of the duck shooting lakes in Bates and Vernon coun- 
ties. 



5G] 161 

Saturday, March 5. — Mr. Harper and I visited the Nevada Gun 
Club Lake, known as Stultz Lake, and remained there until Sunday, 
returning to Kansas City Sunday night. 

Sunday, March 6. — I was in Nevada Mo., and left Nevada at 9 :40 
Sunday night, arriving in Kansas City Monday 6 :30 a. m. In the after- 
noon I called on some of the millinery dealers in Kansas City. 

Monday, March 7. — Called on millinery dealers. 

Tuesday, March 8. — Called on milinery dealers. 

Wednesday, March 9. — Called on millinery dealers. 

Thursday, March 10. — Millinery dealers, 

Friday, March 11. — I made the fish markets, and in the evenings 
I made a trip to St. Joseph to finish some work I began in that city on 
March 1st. 

Saturday, March 12.— In St. Joseph, Mo. 

Sunday, March 13. — I visited some of the hotels and restaurants. 

Monday, March 14. — I called on millinery stores. 

Tuesday, March 15. — I visited the fish markets and millinery 
stores. 

Wednesday, March 16. — I visited millinery stores. 

Thursday, March 17. — I visited millinery stores. 

Friday, March 18. — I visited commission merchants and fish mar- 
kets. 

Saturday, March 19. — I visited millinery stores. 

Sunday, March 20. — I made a visit to hotel ice boxes. 

Monday, March 21. — Called on millinery dealers. 

Tuesday, March 22. — I called on millinery stores and this evening 
I went to St. Louis. 

Wednesday, March 23. — I called on Mr. Grettier in St. Louis, and 
met some of the men in the department of St. Louis; and I called on 
the wholesale millinery dealers. 

Thursday, March 24. — I visited the department stores in St. Louis ; 
I found that these people are wise to the law, and as far as I could see, 
were complying to that end. 

Friday, March 25. — I called on the smaller dealers on Broadway 
street ; in some of these places I found some aigrettes, but in most 
places the amount was very small. 

Saturday, March 26. — I called on some of the outlying dealers. 

Sunday, March 27, — I made the trip from St. Louis to Springfield. 

Monday, March 28. — I called on the millinery dealers of Spring- 
field, and found that most of them were displaying and selling or 
offering for sale, aigrette plumage. 

56—11 



162 L56 

Tuesday, March 29. — I made the trip from Springfield to Kansas 
City. 

Wednesday, IMarcli 30. — 1 called on the millinery dealers in Kansas 
City. 

Thursday, March 31. — I called on millinery dealers. 

Total expenses, $80.20. 

APRIL, 1910. 

Friday, April 1. — Made the usual visit to millinery dealers. 

Saturday, April 2. — Called on millinery dealers. 

Sunday, April 3. — I called at hotels and restaurants. 

Monday, April 4. — I called at hotels and restaurants and a few- 
millinery stores. 

Tuesday, April 5. — I was in my precinct on account of our city 
election. 

Wednesday, April 6. — I made a trip to Chillicothe, Mo. 

Thursday, April 7. — I w^ent from Chillicothe to St. Joseph. 

Friday, April 8. — I made the rounds of millinery dealers in St. 
Joe. 

Saturday, April 9. — I went from St. Joe to I\Iaryville, Mo., and 
made a call on millinery dealers. 

Sunday, April 10. — I made a trip to the Blue River and Dod- 
son. 

Monday, April 11. — I made a trip to Independence. 

Tuesday, April 12. — I left Kansas City for Joplin. 

Wednesday, April 13. — I made a visit to the millinery dealers of 
Joplin. I found very little of the aigrette plumage in Joplin. 

Thursday, April 14. — I w^ent from Joplin to Carthage. I found a 
very small amount of aigrette in Carthage ; in the afternoon I went from 
Carthage to Springfield. 

Friday, April 15. — I found Springfield in good shape. I left Spring- 
field for Kansas City 11 P. M. 

Saturday, April 16. — I called on a few millinery dealers in Kansas 
City. 

Sunday, April 17. — As duck hunters were going out, I went to Lee's 
Summit Sunday night to meet trains Monday morning. 

Monday, April 18. — I was at the city hall to see Mr. Brown become 
mayor, and in the evening I went to Missouri City and Lake City. 

Tuesday, April 19. — I was out to the lake near Lake City; I re- 
turned to Kansas City in the evening. 

Wednesday, April 20. — I visted millinery stores. 



561 163 

Thursday, April 21. — I made a trip tlirougli the fish markets. 

Friday, April 22. — I was with Mr. Harper looking for a few Kan- 
sas City violators he found in Bates county. 

Saturday, April 23. — I visited millinery stores. 

Smiday, April 24. — I was looking up evidence in a few of Mr. Harp- 
er's cases. 

Monday, April 25. — I continued on Mr. Harper's cases. 

Tuesday, April 26. — T called on the millineiy dealers. 

Wednesday, April 27. — I made a trip to Excelsior Springs ; in this 
little city I found a small amount of aigrette plumage, which I took 
charge of. 

Thursday, April 28. — This day I spent in Excelsior Springs. 

Friday, April 29. — I made a trip up the Little Blue River. 

Saturday, April 30. — I called on the millinery dealers. 

Total expenses, $68.12. 

MAY, 1910. 

Sunday, May 1. — I made a trip to Indian Creek. It had been re- 
ported to me that some had been seining there. I found none on this 
trip. 

Monday, May 2. — I called on millinery dealers in Kansas City. 

Tuesday, May 3. — I called on millinery dealers. 

Wednesday, May 4. — I called on millinery dealers. 

Thursday, May 5. — I called on millinery dealers. 

Friday, May 6. — I called on millinery dealers ; in the evening I made 
a trip to St. Joseph. 

Saturday, May 7. — I called on millinery dealers in St. Joseph. I 
confit-'cated a small amount of aigrette plumage. 

Report for wrecks from May 7th to May 14th not with full report. 

Sunday, May 15. — I was trying to get evidence of a party shoot- 
ing birds, a ease reported to Mr. Turner and myself. 

Monday, May 16. — I made a trip through some of the millinery 
stores. 

Tuesday, May 17. — Visiting millinery stores. 

Wednesday, May 18. — It was reported to me a party here in the 
city had a mocking bird in captivity. I investigated this case and found 
he liad had this bird over six years. 

Thursday, May 19. — Made the usual visit to millinery dealers. 

Friday, May 20. — I made a trip through the fish markets in the 
forenoon. In the afternoon C. E. Brewster of Washington, D. C, called 
me to meet him at Savoy hotel. We took a round of the millinery stores. 

Saturday, May 21. — Mr. Brewster and I made further inspection 
of plumage matters in Kansas City. 



164 [5G 

Sunday, ]\Iay 22. — I, in company with Mr. C. E. Brewster of Wash- 
ington, D. C, made a trip to the J. II. Harris deer farm near Lee's Sum- 
mit, Mo. 

]\Ionday, May 23. — I made a trip to Sugar Lake. I was up the 
most part of the night expecting to locate some men seining. I failed 
to do so. 

Tuesday, May 24. — From Sugar Lake to Bean Lake in the even- 
ing I expected to find seiners at Bean. I failed to do so. 

Wednesday, May 25. — I put in the day at Bean Lake. I heard re- 
marks dropped that leads me to believe that there is seining done in 
Bean Lake, 

Thursday, May 26. — I visited millinery dealers in Kansas City. 

Friday, May 27. — I went to Orrick, Ray county. 

Saturday, May 28. — Made a trip to Carrollton, Mo. I returned to 
Kansas City in the evening. 

Sunday, May 29.— Made a trip up Blue River. 

Monday, May 30. — In the forenoon I visited millinery dealers; most 
of the stores closed at noon Decoration Day, 

Tuesday, May 31. — Called on millinery dealers. 

Total expenses, $41.85. 

JUNE, 1910. 

Wednesday, June 1. — Visiting millinery dealers. 

Thursday, IVIay 2. — I called on millinery dealers, and was called to 
the express office in regard to some squirrel. I found them to be for 
Mr. Home for shipment ; he was to hold them here at the park for a few 
days. 

Friday, June 3. — I made a trip through the fish markets. 

Saturday, June 4. — I called on the millinery dealers and I also went 
to the park to see just what ]\Ir. Home has there. 

Sunday, June 5. — Made a trip to Indian Creek. 

Monday. June 6. — Called on millinery stores. 

Tuesday, June 7. — I made a trip through the fish markets. 

Wednesday, June 8. — I called on the millinery dealers in the aft- 
ernoon. I made the trip from Kansas City to St. Louis. 

Thursday, June 9. — I made a trip through the wholesale millinery 
houses of St. Louis. 

Friday, June 10. — I continued my work in the wholesale houses in 
St. Louis. 

Saturday, June 11. — I continued my work in St. Louis, 

Sunday, June 12. — I made a trip from St. Louis to Poplar Bluff, 



56] 165 

Monday, June 13. — I called on the millinery dealers in Poplar 
Bluff. I found no violations. 

Tuesday, June 14. — I made a trip from Poplar Bluff to Cape Gi- 
rardeau. I had about six hours in Cape to call on the trade, and in the 
afternoon I made the trip to St. Louis. 

Wednesday, June 15. — I called on millinery dealers in St. Louis. 

Thursday, June 16. — I continued my work with the millinery deal- 
ers in St. Louis, and in the evening came from St. Louis to Kansas 
City. 

Friday, June 17. — I called on millinery dealers in Kansas City. 

Saturday, June 18. — I called on millinery trade in Kansas City. 

Sunday, June 19. — I made a trip up the Blue River; the report 
comes to me on several occasions that parties do seining in this stream. 

Monday, June 20. — I called on the millinery dealers in Kansas 
City. 

Tuesday, June 21. — I called on millinery dealers this day; I found 
one store, a new place, displaying aigrette on a hat in a show window; 
after a careful investigation I was convinced this one small plume was 
all they had. 

Wednesday, June 22. — I put in this day preparing to leave for 
Washington, D. C. 

(Balance of month not with report.) 

Total expenses, $55.60. 

(All of the month of July is not with this report.) 

AUGUST, 1910. 

Monday, August 1. — Called upon millinery dealers in Kansas City. 

Tuesday, August 2. — Made a trip on Missouri River in answer to 
complaint to seining. No violations found. 

Wednesday, August 3. — Called on millinery dealers in Kansas City. 

Thursday, August 4. — I made a trip through the fish markets in 
Kansas City. 

Friday, August 5. — I made a trip through the fish markets and 
called on millinery dealers. 

Saturday, August 6.— I called on millinery dealers. 

Sunday, August 7. — I called on hotels and restaurants. 

IMonday, August 8. — Made a trip to St. Joseph ; called on millinery 
dealers. 

Tuesday, August 9. — I called on millinery dealers in St. Joseph. 

Wednesday, August 10. — I made a trip from St. Joseph to Mary- 
vjlle and return. 



1G6 [56 

Tliursday, August 11. — I returned from St. Joseph to Kansas City. 

Friday, August 12. — I made the rounds of the fish markets. 

Saturday, August 13. — I called on a few millinery dealers. 

Sunday, August 14. — Made the rounds of hotels and restaurants. 

Monday, August 15. — Made a few millinery inspections. 

Tuesday, August 16. — I made a trip down the Missouri River to 
look after some reports in regard seining. 

Wednesday, August 17. — I put in the day along the river east of 
Kansas City, returning to Kansas City in the evening. 

Thursday, August 18. — Made the fish markets. 

Friday, August 19. — I made a few millinery inspections. 

Saturday, August 20. — I made a trip of the fish markets. 

Sunday, August 21. — I called at a few hotels. 

Monday, August 22. — I made a trip in Clay county; it had been 
reported to me that parties from the city were shooting doves. I made 
the trip in that interest. 

Tuesday, August 23. — I spent the day in Clay county. 

Wednesday, August 24. — I made a trip in the south part of Jack- 
son county looking after dove shooters. 

Thursday, August 25. — I called on millinery trade. 

Friday, August 26. — I called on fish dealers in the morning. In the 
afternoon I called on a few millinery dealers. 

Saturday,' August 27. — I called on millinery trade. 

Sunday, August 28. — I made the usual Sunday hotel visits. 

Monday, August 29. — I made another trip to Clay county. 

Tuesday, August 30. — I called on millinery dealers. 

Wednesday, August 31. — I called on millinery dealers. 

Total expenses, $37.60. 

SEPTEMBER, 1910. 

Thursday, September 1.- — I made a visit of the fish markets. 

Friday, September 2. — I called on millinery trade ; I found in Pol- 
lock 's store, 912 Main street, a part of three turns, which I ordered taken 
out of their stock, which was done. 

Saturday, September 3. — I called on the millinery trade. 

Sunday, September 4. — I visited a few hotels. 

IMonday, Septeml)er 5. — I made a trip tlirough the fish markets. 

Tuesday, September G. — I called on the millinery trade. 

Wednesday, September 7.— I called on the millinery trade. 

Thursday, September 8. — I made a trip through the fish markets. 



56] 167 

Friday, September 9. — I made a trip through the fish markets and 
called on millinery trade. 

Saturday, September 10. — I called on millinery trade. 

Sunday, September 11. — I made a trip out on the Big Blue River 
near Dodson. It was reported that parties were seining and found no 
violators. 

Monday, September 12. — I called on millinery dealers, 

Tuesday, September 13. — I visited the fish markets. 

Wednesday, September 14. — I made a trip to Peculiar, Cass county, 
and drove out to Grand River. 

Thursday, September 15. — I put in the day on tli€ Grand River in 
Cass county. 

Friday, September 16. — I made a trip to Big Shoal Creek in Clay 
county. 

Saturday, September 17. — I called on a few of the millinery deal- 
ers. 

Sunday, September 18. — I made a trip up Indian Creek. 

Monday, September 19. — I made a trip to Sugar Lake in Platte 
county, and in the evening I left Sugar Lake for a trip to Bean Lake, 

Tuesday, September 20. — I spent the day at Bean Lake. 

"Wednesday, September 21. — I called on the millinery trade. 

Thursday, September 22. — I made a trip through the fish markets. 

Friday, September 23. — I made a trip to Harrisonville, Cass coun- 
ty. Deputy Higgins, of Salem, asked me to be there on tjiis date, as he 
had a case to be tried and he could not be present. 

Saturday, September 24. — ^I called on millinery dealers. 

Sunday, September 25. — I made a trip to Vale on Little Blue. 

Monday, September 26. — I made a trip to Hardin, Ray county. I 
had a report that a number of duck hunters were in that locality. 

Tuesday, September 27. — I spent the day in Ray county. 

Wednesday, September 28. — I called on millinery trade in Kansas 
City. 

Thursday, September 29. — I made a trip to Piatt River in Clay 
county. 

Friday, September 30. — I made a trip through the fish markets in 
Kansas City. 

Total expenses, $37.85. 

OCTOBER, 1910. 

Saturday, October 1. — I hired a motor boat and made a trip up tlie 
Blue river ; reports came to me that parties seined in this stream ; at 
time, I failed to find violators. 



168 [56 

Sunday, October 2. — Visited a few hotels and restaurants. 

Monday, October 3. — I spent the early morning on millinery trade 
in Kansas City, and made a trip to Sedalia; in Sedalia I found one 
violation. I had a few aigretts removed from a millinery store. 

Tuesday, October 4. — I spent this day in convention in Sedalia. 

Wednesday, October 5. — I spent the forenoon in Sedalia; in the 
afternoon I went to St. Louis. 

Thursday, October 6. — In company with Dr. T. S. Palmer of Wash- 
ton, D. C, I confiscated a number of aigrettes. 

Friday, October 7. — I made inspection of millinery stores, con- 
fiscated more aigrettes. 

Saturday, October 8. — I made inspections of millineiy stores, re- 
turned to Kansas City in the evening. 

Sunday, October 9. — I made a trip to a few hotels and restaurants. 

Monday, October 10. — I made a visit of millinery stores. 

Tuesday, March 11. — I made inspection of millinery stores. 

Wednesday, October 12. — I made inspection of millinery stores. 

Thursday, October 13. — I made a visit of the fish markets. 

Friday, October 14. — I looked up the party who killed three peli- 
cans on the Missouri river. This man's name is Frank Foreman; I 
have not been able to see him personally; he is not working at present. 

Saturday, October 15. — I have been looking for Frank Foreman. 

Sunday, October 16. — I made a trip to St. Louis. 

Monday, October 17. — I made an inspection of millinery stores. I 
confiscated a small amount of aigrettes from the store of Scruggs, 
Vandervoort & Barney, Hotel American, Seventh and Market. 

Tuesday, October 18. — I confiscated aigrette plumage at the Hetzel 
Millinery Co. 

W^ednesday, October 19. — I made inspections of some of the depart- 
ment stores; these stores I find in the clear. 

Thursday, October 20.— I made inspection of department stores. 

Friday, October 21. — I made a trip to the outlying district of St. 
Louis ; I found prohibited plumage at four, which I took possession of. 

Saturday, October 22. — I found in the store of Miss A. E. Hickey, 
4314 Olive St., a new lot of aigrettes which I took possession of. 

Sunday, October 23. — I made an inspection of a few hotels and 
restaurants. 

Monday, October 24. — I made inspection of millinery stores. 

Tuesday, October 25. — Made inspection of millinery stores, 

Wednesday, October 26. — Made inspection of millinery stores. 

Thursday, October 27. — Made a trip through the fish markets. 



56] 169 

Friday, Octotser 28. — Made a trip through fish markets, and made 
inspection of a few millinery stores. 

Saturday, October 29. — Made inspection of millinery stores. 

Sunday, October 30. — I made a trip to Lee 's Summit to meet train, 
expecting to find hunters, but failed. 

Monday, October 31. — I made inspection of millinery stores. 

Total expenses, $81,59. 

NOVEMBER, 19.10. 

Tuesday, November 1. — I called on millinery stores. 

Wednesday, November 2.— I made a trip down Missouri river. 

Thursday, November 3, — I was doM^n the Missouri river at Ather- 
ton. a . ^. 1 

Friday, November 4. — I made an inspection of fish markets. 

Saturday November 5. — I called on millinery trade. 

Sunday, November 6. — I made inspection of hotels and restaurants. 

Monday, November 7. — I made inspection of millinery stores. 

Tuesday, November 8. — This day I spent most at election booth. 

Wednesday, November 9. — I made a trip to Moberly, called on 
the millinery dealers of Moberly; I find their stock in the clear. 

Thursday, November 10. — I made a trip from Moberly to Hannibal ; 
in Hannibal I found some aigrettes, and in my presence the dealer 
burned them. 

• Friday, November 11. — I made a trip from Hannibal to St. Louis; 
I made inspection of a few stores in the afternoon, 

Saturday, November 12. — I made inspection of millinery stores. 

Name of hotel or restaurant. American Hotel. 

Sunday, November 13. — I was in St. Louis. 

Monday, November 14. — I made inspection of millinery stores in 
the evening I returned to Kansas City. 

Tuesday, November 15. — I made inspection of millinery stores in 
Kansas City. 

Wednesday, November 16. — I was requested by Mr. Harper of 
Butler to help him in his district. I made a trip to Rich Hill, Mo. 

Thursday, November 17. — I made a trip in the fields near Rich 
Hill, 

Friday, November 18. — I made a trip to Athal to look after duck 
hunters. Here I find shooting after sundown ; I took one man out of 
the lake, yet I did not have sufficient evidence to arrest him. 

Saturday, November 19.— From Athal to Rich Hill, from Rich Hill 
to Kansas City. 



170 [56 

Sunday, November 20. — I watched express offices and called at 
restaurants and hotels. 

Monday, November 21. — I made inspection of millinery stores. 

Tuesday, November 22. — I made a trip down the Missouri river. 

Wednesday, November 23. — I made inspection of millinery stores. 

Thursday, November 24. — I made a trip to Raytown and Vale, 
southeast of Kansas City. 

Friday, November 25. — With Harper from Butler, Mo., I was look- 
ing for parties by name of Michner and Reese. Harper has a warrant 
for their arrest. We failed to locate them. 

Saturday, November 26. — Working on the Michner and Reese 
case. 

Sunday, November 27. — I made a trip from Kansas City to Rich 
Hill. 

Monday, November 28. — I made a drive to Robinson's Lake. 

Tuesday, November 29. — I made a drive to Brushy Mound Lake, 
near Rich Hill, from Rich Hill to Butler. 

Wednesday, November 30. — With Harper, made a drive to the 
country near Butler; from Butler to Kansas City. 

Total expenses, $80.75. 

DECEMBER, 1910. 

Thursday, December 1. — I made inspection of hotels and restau- 
rants, and the fish markets. 

Friday, December 2. — In answer to a complaint, I made a trip to 
Clay county ; I found no hunters after driving most of the day. 

Saturday, December 3. — I made a drive near Raytown and Little 
Blue. 

Sunday, December 4. — I made inspection of hotels and restau- 
rants; in the evening I made a trip to St Joseph, 

Monday, December 5. — I made inspection of millinery stores in 
St. Joseph ; in the evening, returned to Kansas City. 

Tuesday, December 6. — I made a trip to Eldorado Springs to meet 
Harper. 

Wednesday, December 7. — I made a drive southeast of Eldorado 
Springs. 

Thursday, December 8. — I made a drive to Cedar Springs. 

Friday, December 9. — I took a walk noi-theast of Eldorado, return- 
ing to Kansas City at night. 

Saturday, December 10. — I made a visit to a few millinery stores 
in Kansas City. 



56J 171 

Sunday, December 11. — I made a trip from Kansas City to St. 
Louis. 

Monday, December 12. — I made inspection of millinery stores in 
St. Louis. 

Tuesday, December 13. — I made inspection of millinery stores in 
St, Louis. 

Wednesday, December 14. — Made inspection of millinery stores in 
St. Louis. 

Thursday, December 15. — Made inspection of millinery stores in 
St. Louis ; in the evening returned to Kansas City. On these rounds in 
St. Louis, I found no violations. 

Friday, December 16. — I made the rounds of some of the com- 
mission houses in Kansas City. 

Saturday, December 17. — I made the rounds of express offices in 
Kansas City. 

Sunday, December 18. — Made inspection of hotels and restaurants. 

Monday, December 19. — Made inspection of express offices. 

Tuesday, December 20. — Made inspection of express offices. 

Wednesday, December 21. — Made a trip through some of the 
millinery stores. 

Thursday, December 22. — Made a trip through some of the mil- 
linery stores, 

Friday, December 23. — Made the rounds of fish markets; in the 
afternoon I helped with the mayor's Christmas tree. 

Saturday, December 24. — I made the rounds of the commission 
houses. 

Report for week from December 24th to December 31st, not in- 
cluded with full report. 

Total expenses, $70.00. 



REPORT OF DEPUTY GAME WARDEN OSTERHAUT. 

JANUARY, 1910. 

Sunday, January 2. — Hannibal. 

Monday, January 3. — Hannibal. 

Tuesday, January 4. — Hannibal. 

Wednesday, January 5. — Hannibal to Kahoka, consulted prose- 
cuting attorney, Clias W. Yant, regarding law regulations in Clark 
county. 

Thursday, January G. — Went from Kahoka to Luray to see Mr. 
Farmon, justice peace, regarding the letter written your office. Mr. 



172 [56 

Yant called me over 'phone to come back to Kalioka ; returned and we 
made arrangements for some parties to feed the quail in Clark county. 

Friday, January 7. — Kahoka to Medill — Medill to Baring — Baring 
drove across to Edina to see Ed. Randolph — consulted Mr. Smith, prose- 
cuting attorney, Knox county, he reported law being respected. Edina 
to Quincy — Quincy to Hannibal. 

Saturday, January 8. — Hannibal. 

Sunday, January 9. — Hannibal. 

Monday, January 10. — Hannibal. 

Tuesday, January 11. — Drove out in Ralls county. 

Wednesday, January 12.— Hannibal. 

Thursday, January 13. — Hannibal. 

Friday, January 14. — Hannibal. 

Saturday, January 15. — Hannibal. 

Sunday, January 16. — Hannibal. 

Monday, January 17. — Bay Mills. 

Tuesday, January 18. — Hannibal. 

Wednesday, January 19. — Hannibal. 

Thursday, January 20. — Bay Island, see about pumping station 
that is being erected, as to what effect was going to have on the waters 
of the bay, if pumps dry, there will be thousands of fish ; pump will not 
be running for some time. 

Friday, January 21. — Hannibal. 

Saturday, January 22. — Hannilml. 

Total expenses, $18.19. 

Sunday, January 23. — Hannibal. 

Monday, January 24. — Hannibal. 

Tuesday, January 25. — Hannibal. 

Wednesday, January 26. — Hannibal to Edina, investigate the 
report of a party killing quail out of season ; found case of a farmer 
passing through neighbor's farm and killed some quail, but the farmer 
refused to give the name of the party transgressing; still after the 
same case by letter. 

Thursday, January 27.— Edina to LaBell, investigate report of J. 
B. Dyer regarding illegal fishing ; letter forwarded me by your depart- 
ment, La Belle to Quincy, Quincy to Hannibal. 

Friday, January 28. — Hannibal; write personal letters to farmers, 
thanking them for their services co-operating witli us, refusing com- 
pensation. 

Saturday, January 29. — Hannibal ; as before, names furnished by 
interested parties. (Balance of month not with report.) 

Total expenses, $25.95, 



J361 173 



FEBRUARY, 1910. 

(No report for lirst six days.) 

Saturday, February 7. — AVent to Palmyra to see if licenses are 
being taken out by the hunters — found there had been 255 counties, 
and 17 State licenses to date. 

Monday, February 9. — Center, to keep the boys reminded that 
there was still a game warden "nosing" around. 

Tuesday, February 10. — Returned from Center. 

Friday, February 13. — St. Louis. 

Saturday, February 14. — St. Louis. 

Monday, February 16. — Went to Quincy see if any ducks were 
being killed in the Moody bottoms by non-residents as I was informed 
some Quincy hunters were out. 

Tuesday, February 17. — AVent to the Heather Bay district to look 
after illegal hunters and fishermen. 

(All dates omitted are not with this report.) 

Total expenses, $9.47. 

MARCH, 1910. 

Saturday, March 7. — Spent the above week in the vicinity of 
Heaton Bay; Bay bottoms, etc., with the duck hunters. 

AA^ednesday, March 11. — AVas up in the Moody bottoms — visited 
two camps. 

Thursday, March 12. — Around "Grassy" lake, near the Fabius 
river. 

Friday, March 13. — Up the Fabius and Buttomood lake. 

AVednesday, March 18. — AVent to Moody and vicinity. 

Thursday, March 19. — Got a launch and went down the Fabius 
and down the Mississippi to Hannibal — the water is backing up in the 
Fabius and it is a great stream for trammel netting, etc., but no signs 
of any this spring, yet. 

Thursday, March 26. — ^AVent to Dunsford (Moody) hunting for 
parties fishing illegally. 

Friday, March 27. — Up the Fabius. 

Saturday, March 28. — Down the Fabius. 

Tuesday, March 31. — Bay Island and vicinity. 

A\''ednesday, April 1. — Bay Island, Heather Bay, etc. 

(All dates omitted are not with this report.) 

Total expenses, $8.65. 



174 [56 



APRIL, 1910. 

Tuesday (first week in April) — Went to Dunsford by appointment 
with Sheriff Lasley of Palmyra; expeeted to catch some fishermen, but 
he failed to come. 

Wednesday (same w^eek) — Took a trip up the North Fabius look- 
ing for trammel netters. 

Friday (same week) — Up to Running Bay, Heather Bay and the 
canal, where they were netting some last year; understand by the na- 
tives no netting yet this year. 

Saturday (same week) — Same as above — same district. 

The week ending April 16 he was up in the Heather Bay District 
looking after the fishermen. 

April 20. — Trip up the river and vicinity of the canal, etc., in the 
interest of illegal fishing. 

Wednesday (last week in April) — Up in Bay Island territory in 
quest of fishermen. 

Thursday (same week) — Took launch and went up the Mississippi 
to see if there was any nets in the river that could be detected. 

Friday (same week) — ^Went out to New London; from there to 
Center, and returned to see if the boys are staying on the right side of 
the law. 

Saturday (same week) — Paid drayman for hauling pheasants out to 
my house shipped from Kansas City. 

(All dates omitted are not with this report.) 

Total expenses, $16.00. 

MAY, 1910. 

Friday, May 6. — Went up to the canal and confiscated a trammel 
net that was stretched from bank to bank; will take it to the court 
house tomorrow; am trying to find owner; has confiscated tag attached. 

Sunday, May 8. — Got telephone someone shooting up on the Bay 
Island; supposed to be shooting ducks; got Prosecuting Attorney Nel- 
son; drove my own horse and buggy; we expected to make two cases 
against them, if caught; but they were gone, or hid, when we ar- 
rived. 

Wednesday, May 11. — ^Went up the Mississippi with Missouri and 
Iowa Wardens ; had a tip on some hoop nets ; think tlie fishermen must 
have also had a tip, for they were not to be found witli our grab hooks. 

Friday, May 13. — Went to Canton, Mo., on request of Game Com- 
missioner and saw parties arrested by Deputy Wiggs; they agreed to 



56] 175 

go and plead guilty to the charge, and so notify the Game and P'ish 
Commission. 

]\londay, May 16. — ^Was informed there was some hoop nets in the 
Mississippi ahove the hridge ; got man to go with me ; bought a grab 
hook, and worked the river to the bridge; got hook fastened and broke 
off under bridge, but failed to find nets. 

Friday, May 20. — Met Nelson at Dunsford; took skiff and worked 
out the Fabius, both sides ; then walked to eastern slough, there to North 
River, up North River to North River station, caught train to Palmyra ; 
have been informed there have some nets in there, but none that day. 

Saturday, May 21. — Went down the South River, back to Hanni- 
bal. 

Monday, May 23. — Went to Paris, Mo., to see Mr. Porter regarding 
fish trap in Salt River; said he knew the party referred to and see that 
trap was removed, 

Tuesday, May /.4. — ^Went up to the camp of the Heather Bay Fish- 
ing and Himting Club ; was informed they are going to pump the wa- 
ter out of tb Running Bay and tributaries; if so, thousands of fish will 
perish; but find if they succeed it will be many weeks from prospects. 

Wednesday, May 25. — Same territory. 

Friday, May 27. — Went down the river to see some fishermen that 
I was informed had been fishing with nets in the Mississippi ; denied fish- 
ing with nets; said they were fishing with trot line and showed me 
they were then running the line. 

Saturday, May 28. — Up the Mississippi to watch to see if any nets 
were raised, but did not find any one. 

Monday, May 30.— Met Mr. W. S. Martz, Game and Fish Commis- 
sion (deputy) ; made arrangements to take a trip down the Mississippi 
and clean up all streams emptying into it in our territory with a 
launch. 

(Dates omitted are not with this report.) 

Total expenses, $19.23. 

JUNE, 1910. 

Sunday, June 5. — Investigating the killing of song birds and de- 
stroying nests; complaints have been made that some boys have been 
shooting birds -with ''cat rifles;" had our local papers here warn the 
boys. I enclose you clipping showing it is being copied. 

Monday, June 6. — Looking after the fishermen to see they are not 
using their nets on this side of the Mississippi River. 



176 [56 

Tuesday, June 7. — Same as Monday. Illinois permits netting since 
June 1st, and fishermen are inclined to take chances in Missouri. 

Wednesday, June 8. — Up the river investigating some trammel net- 
ting, but think the law is not being violated along this line. 

Thursday, June 9. — ^Went on a special train out of Hannibal that 
covered my territory fully; I enclosed you schedule. I made inquiries 
as to the illegal hunting and fishing, and never had a complaint on the 
trip ; made special inquiries as to the good, if any, we might be doing in 
keeping the North and South Fabius clear of nets, and all say are 
getting better fishing than ever before; the boys in Edina say they 
are catching lots of fine fish. 

Saturday, June 10. — Drove my own horse and buggy; went out in 
Ralls county to see if any hunters are killing squirrels, but hear no 
complaints, except from the farmers, who state the squirrels are taking 
their corn up as they never did before. 

Sunday, June 11. — Went north of town to see if any squirrel hunt- 
ers were out hunting, as they go out hunting on Sundays; nothing do- 
ing. 

Monday, June 12. — Monday on the Mississippi after evidence of 
illegal fishermen. 

Tuesday, June 13. — Drove to South River looking after fishermen 
and squirrel hunters. 

Wednesday, June 14. — Fabius district; after what was reported to 
be a trammel net, turned out to be a trot line with floaters off of net. 

Thursday, June 15. — Took launch and met Deputy Nelson with 
Deputy Sheriff Johnson at the head of the bay; went up in the Fabius 
district after illegal fishermen ; took nine bait and hoop nets out of the 
river near mouth of Fabius. 

Friday, June 16. — Went up Mississippi on boat "W. W. " looking 
the river over between here and Quincy; counted 17 nets one place, 20 
in another ; just above here we found the nine ; all on bank. 

Saturday, June 17. — Met Illinois deputy warden here; city by ap- 
pointment from him. 

Monday, June 20. — Drove up the river, vicinity of the canal, look- 
ing after hoop netters. 

Tuesday, June 21. — Looking after fishermen on the Mississippi. 

Wednesday, June 22. — Had arrangements made to go to Louisiana 
and up Salt River with Deputy Nelson ; he got sick and had to go home ; 
trip postponed. 

Thursday, June 23. — Over on the Seeys. 

Friday, June 24. — Took launch with Deputy Nelson; went to Salt 



56] 177 

River (mouth) looldng after the wirhig or stopping up of entrance; 
walked about four miles up the river; found evidence of seining, but 
found no violators. 

Saturday, June 25. — Was not out; about sick from trip Friday; 
got too warm. 

Monday, June 27. — Patrolling Mississippi River. 

Tuesday, June 28. — Went to Jefferson City in consultation with 
Game and Fish Commissioner. 

AVednesday, June 29. — Jefferson City. 

Thursday, June 30. — Returned to Hannibal. 

(All dates omitted not with report.) 

Total expenses, $55.59. 

JULY, 1910. 

Monday, July 4. — Went up on Bay Island looking for hunters with- 
out license. 

Tuesday, July 5. — Answering correspondence, etc. 

Wednesday, July 6.^Patrolling Mississippi. 

Thursday, July 7. — Patrolling Mississippi River and vicinity. 

Friday, July 8. — ^Went to Canton to see fishermen regarding use of 
nets, seines, etc., in river. 

Saturday, July 9. — Patrolling the vicinity of Hannibal. 

Monday, July 11. — Patrolling in vicinity of the Mississippi. 

Tuesday, July 12. — Marion county; looking after squirrel hunters 
without license. 

Wednesday, July 13. — Shelbina to meet Mr. Quigley as per your 
request regarding law violations in Shelby county; back to Monroe 
City. 

Thursday, July 14. — Answering correspondence and looking after 
some details in my vicinity. 

Friday, July 15. — Trying to get some evidence together on a party 
that was supposed to have been hunting without license. 

Saturday, July 16. — Same as above. 

Monday, July 18. — Answering correspondence and patrolling Mis- 
sissippi, vicinity Hannibal. 

Tuesday, July 19. — Same as above. 

Wednesday, July 20. — Went on train with Hannibal business men, 
New London, Center, Perry, Frankfort, Bowling Green and Troy and 
return. Name of hotel or restaurant — dinner with ladies. Christian 
church, Frankfort, supper, Troy ladies. Baptist church. 

56—12 



178 [56 

Thursday, July 21. — "Went to Center; stayed all night with E. "W. 
Kently. Name of hotel or restaurant — E. W. Kently, brother-in-law. 

Saturday, July 23. — Took horse and buggy and drove to Spencer 
Creek near Madisonville ; asked a "kid" if there was any seining going 
on in that neighborhood; he said no; asked him what he would say if a 
fish warden was to catch him violating the law; said he would tell Inm 
to go to the devil ; back to Center, stayed with Kently. 

Sunday, July 24. — Drove to Perry in an automobile; talked with 
several regarding the prairie chickens and was informed under tlus 
protection they are multiplying very rapidly. Name of hotel or res- 
taurant — My mother. 

Monday, July 25. — Got team and drove up on Spencer Creek in the 
southern part of the county ; found nor heard nothing of illegal fishing, 
if any. Name of hotel or restaurant — Bank of Spencer Creek. 

Tuesday, July 26. — Rained all day; intended going to Salt River, 
near Florida. 

Wednesday, July 27. — Drove over south of Center on "Jug Run;" 
thought miglit be some hunters hunting without license. Name of hotel 
or restaurant — a friend, D. L. Leake, Center, Mo. 

Thursday, July 28. — Center to Hannibal. 

Friday, July 29. — Answering correspondence, etc. 

Saturday, July 30. — Rained Friday night; no trains running out 
of Hannibal. 

(All dates omitted not with this report.) 

Total expenses, $20.50. 

AUGUST, 1910. 

Monday, August 1, — Patrolling in the vicinity of Hannibal; there 
are a few men in this city that have always killed wood duck out of sea- 
son and I am trying to see they do not do it this year. 

Tuesday, August 2. — Patrolling in Marion county. 

Wednesday, August 3. — Patrolling vicinity of Hannibal. 

Thursday, August 4. — South of New London, Ralls county. Name 
of hotel or restaurant, took my lunch. 

Friday, August 5. — ^Was informed that the wood duck hunters were 
down the river; Constable Geo. Munson and myself stayed on the bank 
of the Mississippi until 12 :00 at night, but they did not come in. 

Saturday, August 7.— Patrolling vicinity Hannibal and answering 
correspondence. 

Monday, August 8. — Drove up to Bay Island ; stayed all night ; ex- 
pected to catch some wood duck himters, but never heard a gun fired. 

Name of hotel or restaurant — Camp. 



56] 179 

Tuesday, August 9. — ^Went up the bay; then drove to Hannibal; 
took the train to Pahuyra at noon ; back to Hanni1)al. Name of hotel or 
restaurant — Union Depot. 

Wednesday, August 10.— Went to Monroe City, Monroe City to 
Clarence, to have a talk with prosecuting attorney. Name of hotel or 
restaurant — Hotel in rear of the bank (forgot the name). 

Thursday, August 11. — Took team and drove over on Salt River 
south of Clarence, back to Hannibal. 

Friday, August 12. — Patrolling vicinity of Hannibal. 

Saturday, August 13. — Patrolling vicinity of Hannibal. 

Monday, August 15. — Drove to Helton Station; went to the Heather 
Bay Hunting and Fishing Club; stayed with them. Name of hotel or 
restaurant — Heather Bay Hunting and Fishing Club. 

Tuesday, August 16. — ^Went up in the Bay Bottom ; there are quite 
a number of wood ducks in them bottoms and have been trying to protect 
them. Name of hotel or restaurant — Same as above. 

Wednesday, August 17. — Patrolling in the vicinity of Hannibal; 
several hunters here have told me that certain parties here have always 
shot wood ducks out of season and would this time, and I have been 
determined to see they do not. 

Friday, August 18. — Down the river to see some fishermen. 

Saturday, August 19. — Vicinity of Hannibal. 

Monday, August 21. — The hunters here have asked me to watch 
some suspects here that have been suspected of killing wood ducks out 
of season for years past, and I have been watching them all the w^eek 
down on the Mississippi River, where they might get a launch, and 
liave put in the past week in this work, and if I could succeed in landing 
on them, nothing could please the hunters more; I do not think we 
have ever had things in better shape; have not had a complaint for 
some time. 

Monday, August 29. — Patrolling in the vicinity of Hannibal. 

Tuesday, August 30. — I am keeping an eye on the hunters here who 
shoot wood ducks and expect to stay right by them until September 15, 
and see that once they observe that part of the game law. 

(Dates omitted are not with report.) 

Total expenses, $16.27. 

SEPTEMBER, 1910. 

Monday, September 4. — Drove up in Ralls county, vicinity of Rens- 
selaer, looking after unlicensed hunters. Name of hotel or restaurant — 
West End Restaurant. 



180 [56 

Tuesday, September 5. — Drove to Helton Station to try to get evi- 
dence of some one who was reported liad been shooting wood ducks. 
Name of hotel or restaurant — AViudson Cafe. 

Wednesday, September 6. — Patrolling vicinity of Hannibal. 

Thursday, September 7. — Patrolling vicinity of Hannibal. 

Friday, September 8. — ^Went over to Dennisford, as some parties 
were up there that might be violating game law. Depot Hotel. 

Saturday, September 9. — Patrolling the Mississippi. Name of hotel 
or restaurant — Windson Cafe, Hannibal, Mo. 

Sunday, September 10. — ^West of Hannibal man reported to be 
shooting doves without license; found him on his own farm. 

Monday, September 11. — Answering correspondence and patrolling 
in the vicinity of Hannibal. 

Tuesday, September 12. — Went to Dunsford near West Quincy to 
see if there was any duck hunters in bottoms. Name of hotel or res- 
taurant — Union Depot Hotel, Hannibal. 

Wednesday, September 18. — Patrolling vicinity of Hannibal. 

Thursday, September 14. — Went to Moody Bottoms. 

Friday, September 15. — Up the river in Bay Island district. 

Monday, September 17. — Patrolling vicinity of Mississippi. 

Tuesday, September 18. — Same as above. 

Wednesday, September 19. — Went over to Quincy on report that 
some information would be given regarding non-residents hunting in 
Missouri without license. 

Name of hotel or restaurant — Depot Hotel. 

Thursday, September 20. — Patrolling in Moody Bottoms, west of 
Quincy. 

Name of hotel or restaurant — Camp Fabius. 

Friday, September 21. — Vicinity of Hannibal answering correspond- 
ence. 

Saturday, September 22. — Same as above. 

Monday, September 24. — Patrolling vicinity Hannibal. 

Tuesday, September 25. — Patrolling and answering correspondence. 

Wednesday, September 26. — In the vicinity of Helton station. 

Name of hotel or restaurant — Heather Bay Fishing and Hunting 
Club. 

Thursday, September 27. — Patrolling in vicinity of Hannibal. 

Friday, September 28. — Patrolling in Bay Bottoms. 

(All dates omitted are not with report.) 

Total expenses, $14.35. 



56] 181 



OCTOBER, 1910. 

Saturday, October 1. — Some one telephoned some parties were shoot- 
ing lip in the Bay Bottoms and might be quail hunters: made investi- 
gation, but found no hunters. 

October 2, 3, 4, 5. — Attended Deputy Game Commissioners Conven- 
tion at Sedalia, Mo. 

Thursday, October 6. — Returned to Hannibal Wednesday ; stayed at 
Conklin hotel from 1:30 a. m. 

Friday, October 7. — Patrolling vicinity of Moody Bottoms. 

Name of Hotel or restaurant — Fabius Fishing and Hunting Club. 

Saturday, October 8. — Same as above. 

Sunday, October 9. — Went up to Riverview Park for drive with my 
children in the morning ; met a negro with a gun ; tried to stop him to see 
liis license, and he refused to stop until I hitched mj^ horse and caught 
him; said his license was at home; took my family home, but have not 
located him yet; police are trying to find him. 

Monday, October 10. — Took machine with some land buyers; went 
to New London, Center and Perry to see if parties were taking out 
license ; had a list of hunter licenses of Ralls county, and am sending to 
all papers in county. 

Name of hotel or restaurant — Palace Hotel, Perry, Mo. 

Tuesday, October 11. — Went to Bottoms, west of Quincy. 

Wednesday, October 12. — Patrolling in the vicinity of Moody Bot- 
toms, "Grassy Lake," Bottom wood and Flag Pond. 

Name of hotel or restaurant — Fabius F. and H. Club. 

Thursday, October 13. — Patrolling in vicinity of Hannibal. 

Friday, October 14. — Same as above. 

Saturday, October 15. — Drove to Bay Bottoms and returned. 

Name of hotel or restaurant — Heather Bay Hunting and Fishing 
Club, Helton Station. 

Sunday, October 16. — Drove up on the river road and west of Han- 
nibal, looking after parties that might be hunting without license. 

IMonday, October 17. — Patrolling vicinity of Hannibal. 

Tuesday, October 18. — Drove up in the Bay Bottom district. 

Wednesday, October 19. — ^Hannibal and vicinity. 

Thursday, October 20. — Went to Dunsford — patrolling in Moody 
Bottoms. 

Fridaj^ October 21. — Same as above. 

SiEiturday, October 22. — Same as above. j 



182 [5G 

Sunday, October 23. — Drove northwest of Hannibal — held the hunt- 
ers up for their licenses ; find thhigs in good shape along this line. 

Monday, October 24. — Patrolling vicinity of Hannibal. 

Name of hotel or restaurant — Windsor Cafe. 

Tuesday, October 25. — Patrolling vicinity Hannibal and answering 
correspondence. 

Wednesday, October 26. — Had report some one shooting supposedly 
at quail in Ralls county ; drove out through the county a number of miles ; 
never heard a gun fired. 

Thursday, October 27. — Went to Dunsford, patrolling Moody Bot- 
toms, 

Name of hotel or restaurant — Fabius Fishing and Hunting Club. 

Friday, October 28. — Patrolling in Moody Bottoms. 

Name of hotel or restaurant — Fabius Fishing and Hunting Club. 

Saturday, October 29. — Got telephone some one shooting near Bear 
Creek ; drove out ; found some boys with hounds, with two rabbits and one 
squirrel; never found a man with a bird dog. 

Sunday, October 30. — Drove around northwest of city looking after 
violators; came home and police telephoned me some one was shooting 
southwest of tOMTi, thought quail ; went out but found no one. 

Monday, October 31. — Patrolling vicinity of Hannibal. 

(All dates omitted not with report.) 

Total expenses, $44.10. 

NOVEMBER, 1910. 

Tuesday, November 1. — Went to Himnewell; drove to near Kendall 
with a farmer ; stayed all night ; was all over this section, Shelby county. 

Wednesday, November 2. — Drove over near Oakdale with a farmer 
friend ; patroled over that section of Shelby county. 

Thursday, November 3. — Returned to Hannibal. 

Friday, November 4. — Patrolling vicinity of Hannibal. 

Name of hotel or restaurant — Stein 's Restaurant. 

Saturday, November 5. — Patrolling in the vicinity of Hannibal. 

Sunday, November 6. — Drove northwest of the city looking after 
non-licensed hunters. 

Monday, November 7. — Patrolling vicinity of Hannibal. 

Tuesday, November 8. — In the city. 

Wednesday, November 9. — Drove with party in automobile to Hydes- 
burg, then to Rensselaer in Ralls county, and back to town. 

Name of hotel or restaurant — Finley Hotel, Rensselaer, Mo. 



56] 183 

Thursday, November 10. — Patrolling vicinity Hannibal and answer- 
ing correspondence. 

Friday, November 11. — Went with C. A. Wright, plumage expert, 
from Kansas City to see a party here, Jas. Brinkman ; found few old con- 
traband feathers which Mr. B. promjitly burned in our presence; then 
went to Dunsford, Moody Bottoms ; back that night. 

Name of hotel or restaurant — Fabius Fishing and Hunting Club. 

Saturday, November 12. ^Patrolling in the city; went to Mark Twain 
Hotel to see if any game was being served. 

Name of hotel or restaurant — Mark Twain, City. 

Sunday, November 13. — Patrolling vicinity of Hannibal ; have been 
trying to keep the boys in line by being after them every Sunday. 

Monday, November 14. — Went up the river as far as Canton, Mo. 
(Lewis Co.), and came back on late train; thought perhaps would catch 
some non-residents that were hunting. 

Name of hotel or restaurant — Diner on train. 

Tuesday, November 15. — In the vicinity of Ocean Ware (Ralls Co.). 

Wednesday, November 16. — Vicinity of Hannibal. 

Thursday, November 17. — Drove out in northwest Ralls county, near 
Hydesburg and Rensselaer. 

Name of hotel or restaurant — Mr. Walker (farmer). 

Friday, November 18. — Vicinity of Hannibal. 

Saturday, November 19. — Drove up to the Heather Bay district, Bay 
Island, etc. 

Sunday, November 20. — Have been driving out around the outskirts 
of the city each Sunday and incidentally asking the boys to see their 
license ; think it has had its effect. 

Monday, November 21. — Answered correspondence; swore out war- 
rant for arrest of Will Brant for hunting without license. 

Tuesday, November 22. — ^AVent up into Knox county; drove south of 
Edina Avith circuit clerk and deputy sheriff. 

Wednesday, November 23. — Patrolling vicinity of Edina; took appli- 
cation for party non-resident license that don 't think was looking for me. 

Thursday, November 24. — Invited out for dinner. 

Friday, November 25. — ^I'atroUing vicinity of Hannibal, Mo. 

Saturday, November 26. — Drove up into the Bay Island district. 

Simday, November 27. — Drove aromid outskirts of the Hannibal. 

IMonday, November 28. — Patrolling vicinity of the citj'^ ; went to see 
the fishermen as to size of fish being sold. 

Tuesday, November 29. — Drove up in the Bay Island district. 



184 [56 

Wednesday, November 30. — Patrolling in Bay Island district; came 
home at noon ; expected trial of William Brant at 2 :00 ; he had it contin- 
ued until Monday, December 5. 

(All dates omitted not with this report.) 

Total expenses, $26.31. 

DECEMBER, 1910. 

Thursday, December 1. — Patrolling vicinity of Hannibal. 
Friday, December 2. — Went to Huntington (Ralls Co.) ; walked over 
to Ely, back to Hannibal. 

Saturday, December 3. — Drove over to Ocean Wave; patrolling in 
this vicinity. 

Monday, December 5. — Drove to Heather Bay; had fishermen seine 
one of the holes, just above pumping station ; began seining, but did not 
finish. 

Tuesday, December 6. — So returned and assisted them ; it was about 
to freeze dry, and all the fish would perish, so gave a fisherman the coarse 
marketable fish if he would take wagon and team and have balance to 
running bay — the marketable fish weighed out about 3,200 pounds, and 
about that many taken to open water. 

Wednesday, December 7. — Patrolling vicinity of Hannibal. 
Thursday, December 8. — Patrolling vicinity of Hannibal, 
Friday, December 9. — Drove out through Ralls county, between Han- 
nibal and New London. 

Saturday, December 10. — Day set for trial of Will Brant before T. 
L. Anderson, J. P., for hunting without license; attended trial; plead 
guilty. 

Name of hotel or restaurant — Stein's Restaurant. 
Sunday, December 11. — Drove north of Hannibal ; have been keeping 
pretty close "tab" on the boys as they go out on Sunday. 
Monday, December 12. — Patrolling in the city. 
Tuesday, December 13. — Patrolling vicinity of Hannibal. 
Wednesday, December 14. — Went to La Belle (Lewis Co.). 
Thursday, December 15. — Drove south of LaBelle, out through the 
country with C. F. Wright and Ed. Wilson. 

Friday, December 16. — Drove north with C. F. Wright, Ed. Wilson 
and Dave Wilson ; came to Hannibal that night. 

Saturday, December 17. — Answering correspondence and looking 
after things in Hannibal. 

Sunday, December 18. — Vicinity of Hannibal. ; 



56] 185 

Monday, December 19. — Went to Center (Ralls Co.). 

Tuesday, December 20. — Patrolling in the vicinity of Center. 

Wednesday, December 21 . — Came back to Hannibal. 

Thursday, December 22. — Patrolling vicinity of Hannibal. 

Friday, December 23. — Patrolling vicinity of Hannibal. 

Saturday, December 24. — Patrolling vicinity of Hannibal. 

Monday, December 26. — Drove to Heather Bay ; had fishermen seine 
the fish out of a hole that was only about 10 inches deep, under the ice , 
expected to save game fish, but the carp had fought them all back under 
the ice, and they were dead, hundreds of croppie and black bass. 

Wednesday, December 28. — Drove out in vicinity of Hydesburg. 

Thursday, December 29. — Patrolling vicinity of Hannibal. 

Friday, December 30. — Same as above. 

Saturday, December 31. — Same as above. 

(All dates omitted are not with the report.) 

Total expenses, $29.56. 



186 [56 



REPORT OF DEPUTY GAME WARDEN JOHNSON. 



JANUARY, 1910. 

Saturday, January 1. — I returned on Saturday from my trip in 
the southern part of the county where I went to look after procuring 
some game for Industrial Congress. 

Sunday, January 2. — Stayed in Ozark. 

Monday, January 3. — Same. 

Tuesday, January 4. — Same. 

"Wednesday, January 5. — Same. 

Thursday, January 6. — Went to Sparta to look after getting wild 
turkeys for the Industrial Congress. 

Friday, January 7. — Remained in and near Sparta all day. 

Saturday, January 8. — Went to Chadwick on same business as 
above. I think I will be able to get turkey, fox, coon, o 'possum and 
quail for exhibit. Will go to Sparta tomorrow to make preparations 
for exhibit. 

Sunday, January 9. — Stayed in Ozarks. 

Monday, January 10. — Making arrangement for exliibit. 

Tuesday, January 11. — Same as previous day. 

Wednesday, January 12. — ^Went to Chadwick on same mission. 

Thursday, January 13. — Went from Chadwick to Sparta, same 
mission as above. 

Friday, January 14. — Went from Sparta to Ozark. 

Saturday, January 15. — Engaged same as above. 

Sunday, January 16. — In Ozark. 

Monday, January 17. — Stayed in Ozark looking after my official 
duty. 

Tuesday, January 18. — Same as preceding day. 

Wednesday, January 19. — Same. 

Thursday, January 20. — Hired team and buggy, went into the 
country, found a quail trap ; destroyed it and returned to Ozark, 

Friday, January 21. — Filed information against Harve Gahan for 
trapping quail. 

Saturday, January 22. — Went to Sparta. 

Sunday, January 23. — Sparta, Chadwick and Ozark. 

Monday, January 24.— Ozark, looking after ray official duty. 



56] 187 

Tuesday, January 25. — Saine as preceding day. Went to Spring- 
field. 

Wednesday, January 26. — Remained in Springfield. 

Thursday, January 27. — Same. 

Friday, January 28. — Same. 

Saturday, January 29. — Returned to Ozark. 

Sunday, January 30. — Remained in Ozark, 

Monday, January 31. — In Ozark, making weekly and monthly re- 
ports. 

Total expenses, $64.85. 

FEBRUARY, 1910. 

Tuesday, February 1. — Went to Sparta, hired team and drove in 
northeast part of county. 

Wednesday, February 2. — Spent the day looking up evidence 
against violators of game and fish law, and think I have evidence to 
convict, but will investigate further before filing. Returned to Sparta 

Thursday, February 3. — Returned to Ozark. 

Friday, February 4. — Stayed in Ozark. 

Saturday, February 5. — Same. 

Sunday, February 6. — Ozark. 

Monday, February 7. — Went to Springfield on way to Monett. 

Tuesday, February 8. — Stayed in Springfield, sick. 

Wednesday, February 9. — Returned to Ozark, sick. 

Thursday, February 10. — Stayed at Ozark. 

Friday, February 11. — Went to Sparta on official business; re- 
turned on afternoon train. 

Saturday, February 12. — Stayed at Ozark. 

Sunday, February 13. Stayed at Ozark. 

Monday, February 14. — A¥ent to Springfield. 

Tuesday, February 15. — Went to Monett ; saw Mr. Wightman ; Mr. 
Chappie, the postmaster, and had a long talk with them regarding the 
conditions there, and they report everything in good shape in that 
vicinity; in the evening went to Crane, stayed all night there. 

Wednesday, February 16. — Stayed in Crane; the weather being so 
severe was unable to see anyone except the citizens there. 

Thursday, February 17. — Went to Galena, met the States At- 
torney, Circuit Clerk, Jack Short and many Galena citizens, but farm- 
ers unable to get to town; didn't liave opportunity to see many of 
them. 

Friday, February 18. — Same as preceding day; and from what I 
could find out, there are no violations of the game and fish law in that 



188 [56 

locality. Went back to Crane, called Mr. Neal to the 'plione to make 
an egnagament with him the next morning at Crane. 

Saturday, February 19. — Talked with Mr.- Neal concerning the 
dynamiting of fish reported on Crane Creek ; and from his report I 
don't think there is sufficient evidence to make a case. Went through 
to Reed Springs, had a talk with banker Swift and son et al., finding 
nothing for me. 

Sunday, February 20. — Came to Ozark from Springfield. 

Monday, February 21. — Went to Springfield. 

Tuesday, February 22. — Remained in Springfield, x)wing to in- 
clemency of weather. 

Wednesday, February 23. — Same as preceding day. 

Thursday. — February 24. — Same. 

Friday, February 25. — Went to Rogersville on early morning 
train, hired livery team, drove to country, investigating some violations 
reported to me. 

Saturday, February 26. — Came to Ozark via Springfield; had 
prosecuting attorney to file information against Albert Cowan, Will 
Denney and Luther Denney, charging them with violation of fish law 
by cutting holes in ice and fishing with grab hooks. 

Sunday, February 27. — Remained in Ozark. 

Monday, February 28. — In Ozark looking after cases I have in 
circuit court relating to game and fish law. 

Total expenses, $43.85. 

MARCH, 1910. 

Sunday, March 1. — Attending court. 

Monday, March 2. — Same. 

Tuesday, March 3. — Same. 

Wednesday, March 4. — Same. 

Thursday, March 5. — ^Went to country with team looking after 
fish chutes. 

Friday, March 6. — ^Same. 

Saturday, March 7. — Same. 

Sunday, March 8. — AVent to Springfield (Tuesday, work con- 
tinued.) 

From McDaniel Mill, went up Spring river to next dam owned by 
Carthage Light & Power Co., find their chute 0. K. 

Monday, March 9. — Went to Carthage, talked with Mr. Harring- 
ton, learned from him that Mr. Phelps was in St. Louis; that he (Mr. 
P.), and I found that Mr. — ^had written you, by request, concerning the 



56] 189 

fish chutes on Spring river; I will say that Mr. Harrington was very 
generous in way of offering any assistance in his power rendering in- 
i'orinalion and etc. Had talk with him also, regarding fish chutes in 
four bays or flume ; he heartily endorses it. 

Tuesday, March 10. — I drove to Cogill and Hill Mill Draw on 
Spring river; find they had no fish chute, nor ladder as the law re- 
quires; drove thence to McDaniel Mill two and one-half miles up the 
river, found them same as the other "no chute." Saw one of the 
proprietors, talked chute to him. They have a new dam under con- 
struction, being about three-fourths completed, the uncompleted part 
being where the chute should properly be. He assures me that when 
low water and favorable conditions exist he will put one in ; of regula- 
tion he will put one in the fore bay 7ioiv. 

Wednesday, March 11. — Called on Cogill and Hill at their office, 
talked fish chute to them. They assured me they will begin construc- 
tion of chute Monday 14th." They called up their apprising 

him of the fact. 

Thursday, March 12. — Went by street car to Quaker Mill on Spring 
river found about 30 feet washed out of center of dam. They intend 
to build in July ; construct a regulation fish chute when they erect their 
dam. Then I went to Neck City, hired livery team and driver, drove 
to Galesburg, found everything 0. K. as the law requires, returned to 
Neck City, thence to AVebb City. 

Friday, March 13. — Went back to Carthage, thence to Bower's 
Mill at LaRussell on Spring river, found their chute 0. K.., returned 
to Carthage. 

Saturday, March 14. — Hired team and driver, drove to James 
Estridge Mill on Center Creek, found chute 0. K. there, returned via 
McDaniel's Mill on Spring river, found Mr. Morrow, one of the firm 
with whom I talked on Tuesday at work on his chute in the fore bay. 

Sunday, March 15. — Went from Springfield to Ozark. 

Monday March 16. — Made my report, went to Springfield. 

Tuesday, March 17. — From Springfield to Ozark. 

Wednesday, March 18. — Started on my trip to Berry county. 

Thursday, March 19. — Arrived at Cassville Thursday night. 

Friday, March 20. — Hired conveyance and driver, went to White 
river, thence up Roaring river, stayed over night, found no one fishing 
at club house on White river, nor on Roaring river. 

Saturday, March 21. — Continued up Roaring river to Spring, 
thence up the river to near Seligman, thence to Washburn, back to 
Cassville. 

Sunday, March 22. — Stayed in Cassville. 



190 [56 

IMonday, March 23. — Hired livery rig, drove down Flat Creek, in- 
spected tlie dam of R. P. Kern, found no cluite (fish), put him to 
work installing one, thence to Neal White dam two miles below, he had 
no chute, he promised there would be no delay in his installing one ; 
then to Mr. Short's twelve miles down the river; he has a chute, but 
not in regulation. I told him what to do and he agrees to put in one 
of our regulation kind. Then back to Cassville. 

Tuesday, March 24. — Learning about Blankenship Mill, also one 
at Jenkins, drove down to Jenkins; I found the dam washed out, "part 
of it," sufficient for flsh to pass up and down. No need of installing 
fish chute. 

Wednesday, March 25. — Started for , arriving 12 :30 p. m. 

Thursday, March 26. — Went to Ozark. 

Friday, March 27. — Hired team, went to country, "Bull Creek" 
to look after turkey hunters. 

Saturday, March 28. — Drove to Spokane, back through hills. I 
saw nor heard of no hunting violations. Returned to Ozark that night. 

Sunday, March 29. — Stayed in Ozark. 

Monday, March 30. — Went to Springfield on afternoon train, 

Tuesday, March 31. — Attended court at Springeld. 

Wednesday. — Hired team and buggy drove out to duck pond ; heard 
they had been shooting ducks before sunup and after sundown; found 
no one at the pond. 

Thursday. — Hired team, drove to pond, stayed there until sunrise, 
found no one, returned to Springfield, took train for Ozark. 

Total expenses, $82.68. 

APRIL, 1910. 

Friday, April 1. — Made my reports. 

Saturday, April 2. — Hired horse and buggy and made examination 
of fish chutes on Finley; find them 0. K. 

Sunday, April 3. — Stayed in Ozark. 

Monday, April 4. — Started for Carthage, Jasper county; arrived 
there at 12 :15 a. m. 

Tuesday, April 5. — Hired livery rig; drove to and inspected the 
Cogill and Hill dam; find he had installed a good fish chute; thence up 
Spring River to Morrow Mill; find same there. 

Wednesday, April 6. — Started for Cassville, Barry county; arrived 
there at 12:30 p. m. 

Thursday, April 7. — Hired rig, drove down Flat Creek to White 
Mill; stayed there most of the day; he has installed fish chute of the 



56] 191 

kind, but not acceptable. I advised him how, and had to stay and show 
liim what I wanted ; he scorned to be dull of comprehension ; returned 
to Cassville. 

Friday, April 8. — Hired rig, drove to Haley, then to the Blanken- 
ship Mill on Flat Creek; find that about 30 feet of his dam had been 
washed away and had been rebuilt by logs and poles ; the 30 feet were 
left open that fish could pass up ; this leaves Flat Creek in good shape 
for fish passage up and down ; returned to Cassville. 

Saturday, April 9. — Came back to Springfield. 

Sunday, April 10. — Came from Springfield. 

Monday, April 10. — Made my weekly report. 

Tuesday, April 12. — Stayed in Ozark. 

Wednesday, April 13. — Same as preceding day. 

Thursday, April 14. — Hired horse and buggy; drove down Finley 
Creek, thence to Nixa; intended to go to Nelson's Mill on James River, 
understanding they had been netting fish at the dam, inclement weather 
prevented. 

Friday, April 15. — In forenoon drove back to Ozark; that after- 
noon drove back to Nixa; on my way again to Nelson's Mill knowing 
the weather too bad for fishermen, I remained in Nixa. 

Saturday, April 16. — Drove from Nixa; saw the constable; made 
arrangements to patrol James River nightly as soon as weather will per- 
mit or when we think fishermen will venture out. 

Sunday, April 17. — Drove from Nixa to Ozark. 

Monday, April 18. — Made my weekly report. 

Tuesday, April 19. — Stayed in Ozark, weather being bad. 

"Wednesday, April 20. — Hired horse and buggy; drove to Nixa; 
employed a driver to go with me to Nelson Mill on James River that 
night ; arrived there at 8 p.m.; hid our horse and buggy in the woods ; 
patrolled the river until 11 :30 p. m. ; found no one ; returned to Nixa. 

Thursday, April 21. — Drove down to Finley Creek during the day; 
returned to Nelson Mill that night ; stayed until 11 :30 p. m. ; drove back 
about 5 miles; stayed all night in the country. 

Friday, April 22. — ^Weather turning bad, I returned to Nixa, not 
going back to the river. 

Saturday, April 23. — Returned to Ozark in the forenoon; caught 
the evening train ; went to Springfield. 

Sunday, April 24. — Went to Ozark. 

Monday, April 25. — Made monthly report. 

Tuesday, April 26. — Stayed in Ozark. 



192 [56 

Wednesday, April 27. — Hired horse and buggy, and boy to go as 
driver, as it is not safe to leave team alone in making an investigation ; 
drove down Finley near the Riverdale Mill after dark, concealed my 
horse, buggy and driver, and patrolled the stream alone and below the 
milldam until after midnight and saw no one, and returned to Ozark. 

Thursday, April 28. — Same route as above, with horse, buggy and 
driver, at same place, arriving just after dark; patrolled the creek at 
and near the dam and saw several fishermen up and down the stream, 
but found no one fishing illegally; returned to Ozark without anyone 
knowing I had been there. 

Friday, April 29. — Hired horse and buggy and drove down on the 
James River below the mouth of Finley ; stayed all night with Mr. Mey- 
ers, constable of North Galloway township. From him I learned of some 
squirrel hunting during month of April, but will have to have witnesses 
before grand jury for the protection of my informer; grand jury meets 
last of August. 

Saturday, April 30. — I drove up Finley as far as Riverdale Mill; 
stayed therq an hour or two and drove to Ozark, arriving here about 
dark. 

Total expenses, $63.35. 

MAY, 1910. 

Sunday, May 1. — Stayed in Ozark. 

Monday, May 2. — Hired horse and buggy; drove down Finley 
Creek. 

Tuesday, May 3. — Same as preceding day. 

Wednesday, May 4. — ^Went to Chadwick in forenoon; hired horse 
and buggy; drove down on Swan Creek near Garrison postoffice to in- 
vestigate some reports of turkey hunting during March; witnesses I 
wished to see were away from home ; back to Chadwick. 

Thursday, May 5. — Hired team; drove back in that neighborhood; 
saw some of those parties, but could get nothing definite or sufficient to 
make complaint, so returned to Chadwick, arriving at noon ; returned to 
Ozark on evening train. 

Friday, May 6. — Rained all forenoon; afternoon drove down Fin- 
ley, thenoe to near James River, stayed all night. 

Saturday, May 7. — Forenoon drove to the river; learned of some 
netting having been done; think I have sufficient arrangements that I 
can land the parties during the coming week. 

Sunday, May 8. — Ozark. 

Monday, May 9. — Went down Finley, thence to Nixa. 



56] 193 

Tuesday, May 10. — ^Went from Nixa down on Finley; hired driver, 
watched the creek until 2 :30 a. m. ; returned to Nixa that morning. 

Wednesday, May 11. — Went over on the James River; found noth- 
ing; returned to Nixa that night. 

Thursday, May 12. — ^Went down on Finley Creek, thence to Ozark 
that night. 

Friday, May 13. — Patrolled Finley Creek. 

Saturday, May 14. — Same as preceding day. 

Sunday, May 15. — Stayed in Ozark. 

Monday, May 16. — Went to Springfield. 

Tuesday, May 17. — ^Went to Willow Springs. 

Wednesday, May 18. — ^Went to Mountain View; arrived there at 
7 :30 a. m. ; spent the day in town. 

Thursday, May 19. — Hired horse and buggy; drove out northeast 
from town to Jack Fork Creek. 

Friday, May 20. — Hired rig; drove north to Jack Fork Creek. 

Saturday, May 21. — Hired two men to assist me in gathering evi- 
dence against some parties for dynamiting fish on or about May 6th. I 
succeeded in finding man, while hunting his cows on the creek, ignite 
and throw something in the creek and heard the report of an explosion ; 
saw them wade in creek and gather up fish ; didn 't know parties names, 
but says he can identify parties if seen. 

Sunday, May 22. — Stayed in Mountain View. 

Monday May 23. — ^Worked in Mountain View. 

Tuesday, May 24. — I hired rig; took Mr. Hayes to Summerville to 
identify the parties who did this dynamiting ; failed to find parties ; re- 
turned to Mountain View. 

Wednesday, May 25. — Hired rig; drove to another neighborhood 
together with Mr. Dyott; on Jack Fork Creek, where dynamiting had 
been reported, we were unable to get anyone who saw the parties in the 
creek. 

Thursday, May 26. — Hired rig ; sent Mr. Dyott and Mr. Hayes, the 
men who saw this dynamiting, over to Summerville to identify the two 
parties that did the work, Mr. Dyott being acquainted with the par- 
ties, and Mr. Hayes positively identifies Cecil McCaskell and Gurney 
Richards as being the parties. There are other parties who were out 
the same night in the same business ; I desire to get them before I open 
up. 

Friday, May 27. — Started for and arrived at Springfield. 



5G— 13 



194 [56 

Saturday, May 28. — Came from Springfield to Ozark in the after- 
noon; hired rig; drove to James River; arrived there at 8 o'clock p. m. ; 
patrolled the creek to 2 o'clock. 

Sunday, May 2. — In country on James River; returned to Ozark 
that afternoon, 

Monday, May 30. — -Made my weekly reports. 

Tuesday, May 21. — Made weekly and monthly reports. 

Total expenses, $67.10. 

JUNE 1910. 

Wednesday, June'l. — Looking up witnesses to appear before the 
grand jury in reference to the unlawful killing of turkeys down on 
Swan Creek. Made my reports, signed same before magistrate. 

Thursday, June 2. — Spent the day securing evidence for grand 
jury. 

Friday, June 3. — Afternoon went to Springfield, thence to Cabool 
that night. 

Saturday, June 4. — Hired team; drove over to Houston; talked 
with the state's attorney; advised with him whether or not to file in- 
formation against Cecil MeCaskel and Gurney Richards for dynamiting 
fish on Jack Fork Creek. He suggests that he would ask for grand jury 
in his county and bring the evidence before it. The judge was not 
there, but he said he would let me know just as soon as he saw him. I 
then returned to Cabool, thence to Willow Springs. 

Sunday, June 5. — Went from Willow Springs to Mountain View. 

Monday, June 6. — Hired team and buggy; drove to Jack Fork 
Creek to talk with one Mr. John Brown, he living there and there hav- 
ing been some dynamiting in that neighborhood, and one of their mules 
got loose and started for Summerville, one of these parties going to his 
house to telephone to Summerville to come to see about getting or bring 
the mules back; he didn't know the party's name that used the phone, 
but said he could identify him if he could see him ; I wanted him to go 
to Summerville, from where these parties came, and try and find him 
that I might get a line on them. 

Tuesday, June 7. — I worked the entire day in Mountain View en- 
deavoring to get a line on some dynamiters who have been working 10 
miles above this other bunch. On the south prong of the Jack Fork 
I succeeded in securing the names of these, also the parties who heard 
the explosion ; they saw the dynamiters, following the explosion, run to 
the creek and begin gathering in the fish, but they saw these others and 
run away through the timber. 



56] 195 

Wednesday, June 8. — I hired rig and Mr. H. C. Hayes, a man who 
knows the hills, also the parties I wished to interview, to go with me up 
there; I found Mr. Jesse Vest, who was there; he, together with one 
Alec Payne, was at work in the field and heard the explosion of dyna- 
mite. 

Thursday, June 9. — Stayed in Mountain View, it having rained the 
entire day. 

Friday, June 10. — Stayed for appointment with Mr. Payne; he 
came in about noon; he thinks Fisher and Haley are the guilty parties, 
but not positive enough to make oath to it. 

Saturday, June 11. — Got rig, drove back to see this man Brown, 
and he says the creek had been out of its banks — past fording, conse- 
quently he could not get to Summerville to look for this party who used 
his phone as in Monday's report. 

Sunday, June 12. — "Went from Mountain View to Cabool in the 
evening. 

Monday, June 13. — Hired rig and driver; went to Houston, Texas 
county, to have prosecuting attorney to file against Cecil McHaskell 
and Gurney Richard for dynamiting fish in the Jack's Fork Creek, 
Texas county. He didn't refuse to file, but earnestly asked to wait 
until after August 2nd, fearing political injury, and, it not being like- 
ly the case would be called until November term, I consented to let it 
stand until after the primary (these fishers are very prominent in poli- 
tics) ; returned to Houston; took night train for Springfield. 

Tuesday, June 14. — Came to Ozark on morning train (sick) . 

AVednesday, June 15. — Under the doctor's care. 

Thursday, June 16. — Under the doctor's care. 

Friday, June 17. — Under the doctor's care. 

Saturday, June 18. — Under the doctor's care. 

Sunday, June 19. — Stayed in Ozark; sick. 

Monday, June 20. — Stayed in Ozark; sick. 

Tuesday, June 21. — Stayed in Ozark; sick. 

Wednesday, June 22. — Stayed in Ozark; sick. 

Thursday, June 23. — Stayed in Ozark; sick. 

Friday, June 24. — Stayed in Ozark ; sick. 

Saturday, June 25. — Stayed in Ozark; sick. 

Sunday, June 26. — Stayed in Ozark. 

Monday, June 27. — Got team, drive down to Montague to look into 
some reports of violations of game law; arrested a fellow for killing 
squirrels; he will appear in Ozark to plead guilty July 6th; he is one 
James White. 

Tuesday, June 28. — ^Went to Springfield. 



196 [56 

Wednesday, June 29. — From Springfield to Hurley, Stone county; 
there arrested a party for fishing within the limits of fish ladder ; swore 
out information before Justice of the Peace L. A. Springer of Union 
township, Stone county, for this party, Frank Saunders ; he pleaded 
guilty, was fined $10 and cost ; returned to Springfield that night. 

Thursday, June 30. — Stayed in Springfield to look for a Wm. Wil- 
banks of Shannon county, who I understand was in a crowd of fish net- 
ters on the Jack Fork Creek in that county; failed to find him. 

Total expenses, $47.85. 

JULY, 1910. 

Friday, July 1. — Went from Springfield to Ozark. 

Saturday, July 2. — Got horse and buggy; drove down on James 
Kiver at mouth of Finley to try and find a fish trap which was reported 
to me to be located there ; it rained hard that afternoon and night. 

Sunday, July 3. — Stayed on the river near the mouth of Finley. 

Monday, July 4. — Found the river high and very muddy and found 
it difficult to locate this trap, and came back to Ozark in the afternoon. 

Tuesday, July 5. — Filed complaint before C. D. Webber, justice of 
the peace of Finley township, against J. 0. White for shooting squirrel 
out of season. White pleaded guilty and was fined $5.00 and cost, which 
he paid. 

Wednesday, July 6. — Hired horse and buggy; drove down on 
Woods Fork Creek, thence over on the Eaudure Ridge; I got in about 
100 yards of two parties hunting squirrel, but they made their get- 
away down a big brushy hollow. 

Thursday, July 7. — Drove over to the mouth of Finley Creek on 
hunt of fish trap ; the stream was low and clear, and I found this trap 
had been either washed or taken out; then for home, arriving about 
10:30 p. m. 

Friday, July 8. — Stayed in Ozark to consult the prosecuting attor- 
ney regarding these two parties who made their get-away on Wednes- 
day. He says he will file against them immediately after the primary 
election. The state's attorneys in this district are all wanting to be re- 
elected and it is difficult to get one to do anything at this stage of the 
game. 

Saturday, July 9. — Made my reports. 

Sunday, July 10. — Stayed in Ozark. 

Monday, July 11. — Stayed in Ozark; downpour of rain. 

Tuesday, July 12. — Went to Sparta to look into some reports of vio- 
lations. 



56] 197 

Wednesday, July 13. — Drove from Sparta up on in Finley in the 
northeast part of the county to look about some parties reported to have 
been hunting without license; I found no one; drove from there to 
Rogersville; took the night train for Springfield. 

Thursday, July 14. — Went to Springfield to Ozark. 

Friday, July 15. — Stayed in Ozark to meet some parties from the 
southeast part of the county, who were to furnish me names of wit- 
nesses before the grand jury in relation to violations in that terri- 
tory. 

Saturday, July 16. — Stayed in Ozark; made my report. 

Sunday, July 17. — Stayed in Ozark. 

Monday, July 18. — Made weekly report; went to Springfield that 
afternoon. 

Tuesday, July 19. — Stayed in Springfield; sick; indigestion. 

Wednesday, July 20. — ^Went to Mt. Vernon ; arrested W. I. Stewart ; 
filed complaint against him before D. J. Hunt, J. P., of Mt. Vernon town- 
ship, for killing a blue crane that day ; he pleaded guilty to the charge 
and was fined $25 and costs, wliich he paid. 

Thursday, July 21. — Went to Greenfield; talked with a member of 
the Citizens and members of the Fishing Club ; I find them very enthusi- 
astic about the enforcement of the game and fish law, and they are of the 
opinion there are some fish baskets in Sac River, near there; they will 
investigate and let me know where they can be found. 

Friday, July 22. — ^Went to Richards, Vernon county, via Ft. Scott ; 
better railroad service ; arrived 9 :30 p. m. 

Saturday, July 23. — Had a talk with postmaster et al. ; everything 
reported in good shape there ; thence to Joplin on 5 :40 p. m. train, ar- 
riving Joplin 8 :10 p. m. 

Sunday, July 24. — Stayed in Joplin. 

Mondaj^ July 25. — ^Went to Carthage first car in a. m. ; hired rig; 
drove over to McDaniels Mill on Spring River ; had a talk with Mr. Mor- 
row, the manager, he reports everything in good shape in that neighbor 
hood, as far as he can learn; I made some investigations along the river; 
found nothing wrong; returned to Carthage via Col. Phelps' place; find 
him absent and his whereabouts unknown. 

Tuesday, July 26. — Drove up Spring River to Forest Mill; spent 
most of the day in that vicinity ; I found a number of fishermen along the 
river all fishing with hook and line ; had a talk with the foreman of the 
mill; he seems quite active in warning fishermen away from his claim; 
returned to Carthage at 6 p. m., then via Joplin to Noel, arriving at 
10 :15 p. m. 



198 [56 

"Wetixiesday, July 27. — Spent forenoon with fishermen,' 'he in g one of 
ihem;" they seemed to be a nice bunch, obeying the law strictly; that 
afternoon talked with business men ; they report notliing doing. 

Thursday, July 28. — Start for Monett; arrived 4:30 p. m. ; talked 
with Mr. Wightman, the postmaster, et al. ; everything 0. K. as far as 
they know, leaving for Exeter at 9 :30 p. m. 

Friday, July 29. — ^Went from Exeter to Cassville, early train ; drove 
do-WTi Flat Creek to Kerr Mill, thence to White ]\Iill, thence to Shorts 
Mill, below McDowell ; talked with Mill people et al., and heard of no 
violations in that vicinity, returned to Cassville that evening. 

Saturday, July 30. — Started from Cassville to Springfield, arriving 
at 12 :30 p. m. 

Sunday, July 31. — Went from Springfield to Ozark. 

Total expenses, $65.30. 

AUGUST, 1910. 

Monday, August 1. — Stayed in Ozark; made weekly and monthly 
reports. 

Tuesday, August 2. — In Ozark — election day. 

Wednesday, August 3. — Stayed in Ozark looking after my official 
duty; telephoned Mr. Tolerton. 

Thursday, August 4. — Using my experts to trace some seiners. 

Friday, August 5. — Hired carriage and driver, took sheriff with me, 
drove to Riverdale Mill, on Finley, arriving about 10 o'clock, night time; 
patroled the river from dam up stream ; found some parties about 12 :30 
or 1 o'clock a. m. carrying a seine down stream; I followed them to the 
mill ; they got around under the mill or fore bay, and I used every effort 
to find just what was going on, but being unable to find out exactly, I 
arrested four of the parties about 2 o'clock a. m. ; they were W. B. Was- 
son, W. A. Wasson, Joe Goddard and John Conrad; returned to Ozark, 
arriving about 6 a. m. Saturday ; the prosecuting attorney being out of 
town, I haven't as yet filed information, but they stand ready to report 
when I notify them. 

Sunday, August 7. — Stayed in Ozark under physician's care. 

Monday, August 8. — Stayed in Ozark under physician's care. 

Tuesday, August 9. — Stayed in Ozark under physician's care. 

Wednesday, August 10. — Stayed in Ozark under physician's care. 

Thursday, August 11. — Started for Battlefield on evening train 
after having driven to the country in the morning looking after some 
official business. 



56J 199 

Friday, August 12. — Went from Springfield to Battlefield and re- 
turn ; made arrangements with a friend to land some unlawful fishermen 
just as soon as I am physically able, 

Saturday, August 13. — "Went from Springfield to Ozark. 

Sunday, August 13. — Stayed in Ozark, 

Monday, August 14. — I remained under doctor's care. 

Tuesday, August 15. — I remained under doctor's care. 

Wednesday, August 16. — Got rig, drove down to James River, hired 
a guide; I had a telephone message that a crowd (Mr. Cogwell et al.), 
were camped there, fully supplied with fish nets, etc. ; watched there all 
night, but they did nothing; returned to Ozark in forenoon, 

Thursday, August 17. — Slept. 

Friday, August 18. — Hired horse and buggy; went back to Jones 
River; got this guide and watched these campers all night until after 
day light; saw every move; I stationed myself just across the river; they 
did nothing. 

Saturday, August 19. — Drove home to Ozark, 

Smiday, August 20. — Stayed in Ozark, 

Monday, August 21. — Subpoenaed as witness, 

Tuesday, August 22. — ^Went to Springfield to get some information 
about some fishermen, about Nelson's Mill; failed to see some parties that 
were to meet me. 

Wednesday, August 23. — Returned to Ozark. 

Thursday, August 24. — Attended court as witness, the case of State 
vs. J. J. Weaver, charged with killing wild canary bird, and the case of 
State vs. Denney et al., charged with killing fish through the ice, were 
both tried by jury, and in each case the jury failed to agree, and the 
cases were then reset for February term, 1911. 

Friday, August 25. — Wn\. Denney came, pleaded guilty, his sons 
case nolled, he paying the cost, the fine of $10 ; William Denney, he paid 
together with the cost and the cost of his son, the case against Gown 
going over until February. 

Saturday, August 26. — Afternoon drove over west to Nixa on offi- 
cial business. 

Sunday, August 27. — Stayed in Ozark. 

jMonday, August 28. — Got rig, drove down on creek in the forenoon 
and went to Springfield in the afternoon looking after witnesses for 
grand jury in Christian County Circuit Court. 

Tuesday, August 29. — Returned to Ozark. 

Wednesday, August 30. — Hired team, drove to Nelson's Mill on 



200 [56 

James river to secure some evidence in that locality ; also examined tlie 
fish chute there; returned to Ozark about 8 o'clock p. m. 
Total expenses, $33.43. 

SEPTEMBER, 1910. 

Thursday, September 1. — Went to Springfield. 

Friday, September 2. — Went from Springfield to Battlefield to look 
after some witnesses for grand jury for some fish seining; returned to 
Springfield, hired rig there, drove west of Springfield to secure evidence 
against some bird hunters, but don't think it sufficient to make a case. 

Saturday, September 3. — Returned to Ozark, 

Sunday, September 4. — ^AVent to Mt. View, saw Mr, Dyott, an attor- 
ney employed him to assist in the prosecution of the Texas county dyna- 
miting cases, his fee being $25.00. 

Monday, September 5. — ^Went to Van Buren ; spent the day without 
detection of my business. 

Tuesday, September 6. — Talked with R. T. Hutchinson ; I learn that 
what people know, and all they know, about the turkey hunting of the 
officers, as reported, was what these officers say themselves ; the court and 
officers seem to have no regard for the game law, connection impossible, 
came to Springfield 10 :30 p. m. 

Wednesday, September 7. — Came home at 7 :30 p. m. 

Thursday, September 8. — Stayed in Ozark. 

Friday, September 9. — Stayed in Ozark seeing some parties from all 
parts ; street fair. 

Saturday, September 10. — Same ; investigating some blasting in Fin- 
ley Creek. 

Sunday, September 11. — Stayed in Ozark part day ; drove down on 
Friday. 

]\Ionday, September 12.— Spent the day with grand jury. 

Tuesday, September 13. — Same as preceding day. 

Wednesday, September 14. — Stayed in grand jury room; that body 
indicted Will D. Glidewell, Clarence Glidewell and George McClellan for 
unlawful fishing on James River; John Weathennan, Alf Gardner and 
Roy Richards for hunting without license ; these cases will be called at 
February term of circuit court. 

Thursday, September 15. — AVent to Springfield. 

Friday, September 16. — Stayed in Springfield to see ]\Ir. H. R. 
]\Ielton ; he was to be there that day. 

Saturday, September 17. — ^Went to Cabool ; telephoned to the pres- 
ent attorney at Houston, Texas county. ; asked him why he had delayed 



56] 201 

filing on our fish dynamiters in his county. ; he had promised to file one 
immediately after the primaiy ; he says he thought there was no immedi- 
ate hurry ; I insisted ; he again promised me at once ; went then to Willow 
Springs. 

Sunday, September 10. — Stayed in Ozark. 

Monday, September 19. — Looked after the blasting in Bronson dam 
on Finley. 

Tuesday, September 20. — Same as preceding day. 

Wednesday, September 21. — Went to Springfield. 

Thursday, September 22. — Stayed in Springfield. 

Friday, September 23. — Went from Springfield to Ozark ; went back 
to Bronson dam. 

Saturday, September 24. — Started on investigating trip together 
with Deputy H. R. Melton. 

Sunday, September 25. — Floating to James River via Finley. 

Monday, September 26. — Same on James River. 

Tuesday, September 27. — Arrived at Galena 12 o 'clock noon ; found 
everything from Ozark to Galena law-abiding; left Galena that p. m., 
arrived in Springfield about 7 :30 p. m. 

Wednesday, September 28. — ^Went to Ozark. 

Thursday, September 29. — Got horse and buggy, drove out in the 
country. 

Friday, September 30. — Made my reports, weekly and monthly. 

Total expenses, $50.38. 

OCTOBER, 1910. 

Saturday, October 1. — Stayed in Ozark. 
Sunday, October 2. — Started for Sedalia. 
Monday, October 3. — En route for Sedalia. 
Tuesday, October 4. — Spent day in Sedalia. 
Wednesday, October 5. — Same. 

Thursday, October 6. — Went from Sedalia to Springfield. 
Friday, October 7. — Springfield to Ozark. 
Saturday, October S. — Got buggy, drove out in the country. 
Sunday, October 9. — Stayed in Ozark. 
Monday, October 10. — Drove out in country. 

Tuesday, October 11. — ^Went io country, the report having come to 
me that there were some parties shooting quail. 
Wednesday, October 12. — Same. 
Thursday, October 13. — Same. 



202 [56 

Friday, October 14. — Went to Sprin^eld; met Deputy Dillard; lie 

insists I go with him to Aurora. 

Saturday, October 15. — Went to Miller, Lawrence county, hired rig, 

drove to Phelps postoffice and in the prairie chicken country; did not 
leai-n of any violations; returned to Springfield at night. 

Sunday, October 16. — ^AVent from Springfield to Ozark in morning. 

Monday, October 17. — Went to Pittsburg via Joplin; saw and had 
a talk with Mr. Doty, the Kansas Warden, made arrangements for him 
to travel with us for a couple of days. 

Tuesday, October 18. — We went in company with the Kansas Warden 
to Mulberry; we got rig, drove over in Missouri; spent the forenoon just 
over in Missouri ; dinnered and fed team at Arcadia, Kansas ; spent the 
afternoon along the line to Mulberry, thence to Oplis, along the line 
south of Pittsburg; found no hunters; returned to Oplis. 

Wednesday, October 19. — Started about four o'clock a. m. ; went to 
several ponds between Oplis and Asberry ; found no duck hunters ; after- 
noon drove to Asberry visiting several ponds, patrolling these on lookout 
for duck shooters until after night; there were no ducks, consequently 
no hunters ; returned to Oplis. 

Thursday, October 20. — Raining ; I went by car line to Joplin with 
Mr. Dillard to get him a rain coat, then to Asberry that afternoon ; drove 
to some duck ponds near there, remaining until after night, returned to 
Asberry. 

Friday, October 21. — I was about past going — an awful cold; went 
to Springfield that night. 

Saturday, October 22. — Went to Ozark. 

Sunday, October 23. — At Ozark. 

Monday, October 24. — Drove down on (Bull Creek; went to Sparta 
that night. 

Tuesday, October 25. — Drove over on Finley Creek ; back to Sparta 
and to Ozark in the afternoon ; arrested fellow for hunting without 
license ; the party arrested is Newt Mapes. 

Wednesday, October 26. — Drove over the country patroling. 

Thursday, October 27. — Same as Wednesday. 

Friday, October 28. — In Ozark; understand there is a source of in- 
formation to me to stay in where I can be found. 

Saturday, October 29. — Same. 

Sunday, October 30. — In Ozark. 

Monday, October 31. — Making reports. 

Total expenses, $94.14. 



561 203 



NOVEMBER, 1910. 

Tuesday, November 1. — Drove down to Bull Creek. 

Wednesday, November 2. — Stayed in Ozark, thinking Mr. Mapes 
would plead guilty j wlien he came in Hays, his attorney, talked with him, 
and he waived; the prosecuting attorney will file information in circuit 
court. 

Thursday, November 3. — Drove out in the country. 

Friday, November 4. — Same as preceding day. 

Saturda}^, November 4. — Same. 

Sunday, November 6. — Stayed in Ozark. 

Monday, November 7. — Drove to Sparta; thence to Bruner; return- 
ing to Ozark in the night. 

Tuesday, November 8. — Election ; stayed in Ozark. 

Wednesday, November 9. — Stayed in Ozark on official business. 

Thursday, November 10. — Drove down on Bull Creek, to investigate 
some reports. 

Friday, November 11. — Drove up north of Linden on same business. 

Saturday, November 12. — Drove down Friday to investigate some 
violations reported to me. 

Sunday, November 13. — Stayed in Ozark. 

Monday, November 14. — Sick. 

Tuesday, November 15. — Sick. 

Wednesday, November 16. — ^Went to Springfield. 

Thursday, November 17. — To Battlefield, arrested Chas. Mikesill for 
hunting without license. 

Friday, November 18. — Filed complaint against Mikesill ; he pleaded 
guilty, was fined $25.00 and costs; paid same to me; I paid all costs, 
turned fine over to county treasurer and took receipt. 

Saturday, November 19. — Went to Ozark; drove up in edge of 
Greene county in evening, failing to see some parties I went to see; 1 
returned to Ozark. 

Sunday, November 20. — Stayed in Ozark. 

Monday, November 21. — Drove out in country. 

Tuesday, November 22. — Same as preceding day. 

Wednesday, November 23. — Same. 

Thursday, November 24. — Thanksgiving; stayed home. 

Friday, November 25. — Went to Sprjngfield on official business. 

Saturday, November 26. — Went to Ozark. 

Sunday, November 27. — Stayed in Ozark, 

Monday, November 28. — Went to Springfield. 



204 [56 

Tuesday, November 29. — Drove to Wilson Creek and thereabouts 
to investigate some reports received ; nothing definite ; returned to Spring- 
field that night. 

"Wednesday, November 30. — Followed some parties down on train to 
Ozark; hunters without license; some one put them wise, and nothing 
doing. 

Total expenses, $43.03. 

DECEMBER, 1910. 

Thursday, December 1. — ^Went to Springfield, investigating ship- 
ments, etc., contrary to game law. 

Friday, December 2. — Same. 

Saturday, December 3. — Same. 

Sunday, December 4. — ^Went to Sparta — official business. 

Monday, December 5. — Drove out in country in forenoon ; the after- 
noon caught train for Springfield. 

Tuesday, December 6. — ^^Vorked Springfield. 

Wednesday, December 7. — Same. 

Thursday, December 8. — Drove out in country in resi^onsc to same 
reports. 

Friday, December 9. — ^Went to Ozark. 

Saturday, December 10. — Stayed in Ozark. 

Sunday, December 11. — Stayed in Ozark. 

Monday, December 12. — Drove down near Ilighlandville investigat- 
ing some report; found no convicting evidence. 

Tuesday, December 13. — Stayed in Ozark. 

Wednesday, December 14. — Same. 

Thursday, December 15. — Went to Sparta. 

Friday, December 16. — ^Went to Ozark. 

Saturday, December 17. — Went to Bradleyville. 

Sunday, December 18. — Drove out investigating some reports; I 
was unable to get enough evidence to convict; returned to Bradleyville 
the afternoon. 

Monday, December 19. — Drove over on Swan on official business; 
same reports as preceding day. 

Tuesday, December 20. — Stayed all day in Bradleyville to find out 
something they are afraid to tell me, it seems. 

Wednesday, December 21. — Went to Chadwick; stayed there trying 
to find out something. 

Thursday, December 22. — ^Went to Ozark. 

Friday, December 23. — ^Went to Springfield on official business. 



56] 205 

Saturday, December 24. — ^Went to Ozark; afternoon drove out in 
country ; returned after night. 

Report of week from December 24:th to 31st omitted from report. 
Total expenses, $40.65. 

MR. JESSE A. TOLERTON, being recalled for further examina- 
tion by the Committee, testifies as follows : 

(Question by Mr. Orr.) Q. Mr. Tolerton, have you ever made use 
of any birds from the game farm for your own use? 

A. No, sir. 

Q. Have you ever given them to any of your friends ? 

A. I have given some crippled pheasants, some cock birds, that we 
could not use for any other purpose ; we have a surplus that were crippled 
in transit. 

Q. To whom did you give them to ? 

A, Some of them I gave to Senator Wilson, yes; and two of them 
to Mr. Gossett; and let's see, I believe there was — I don't remember any 
now, except to Senator Wilson and to Mr. Fay ; Mr. Fay did get some 
of them. 

Q. They gave them for suppers? 

A. Yes, because I had no use for them. 

Q. At whose instance were they given — did the parties come and 
ask you for them? 

A. They came out there and offered to buy them, and we had these 
birds in a separate coop ; they had what we called scaly legs ; sometimes 
with one leg and sometimes with one wing broken, and we couldn't use 
them, and they were in a separate coop, and Mr. Broadbent took care 
of them ; he told Mr. Fay and some of the others that they were value- 
less ; that is, they were not any good for service with broken wings and 
l)roken and scaly legs, and that we didn't want them for stock birds, 
for the reason they were culls and we couldn't turn them out. 

Q. Did they afterwards come to you and ask for these birds for 
their suppers? 

A. Yes, when they came back to the farm they suggested that they 
have a few of these birds to see how they tasted. 

Q. How many did Senator Wilson get? 

A. I think Senator Wilson got six. 

Q. And he gave several suppers to his friends in the city? 

A. Yes, sir. 

Q. And Mr. Gossett gave several suppers to his friends in the 
city? 

A. Yes, sir; I think, two. 



206 [56 

Q. And Mr. Fay, liow many did you give to Mr. Fay? 

A. I don 't know — from four to six. 

Q. He had supper more than once? 

A. Not to my knowledge; he had one supper, and that's all I 
know anything about. 

Q. You say now say from four to six 

A. That's my recollection that Mr. Broadbent told me. 

Q. That would be about how many, all told? 

A. That would be about — perhaps a dozen, all told. 

Q. What did these birds cost? 

A. The original price of the birds in pairs was $4.25. I have since 
got some extra hens that cost from $3.30, $3.60 and .$4.00 each. 

Q. You '«ay they cost about four dollars apiece ? 

A. I said $4.25 a pair, the first ones I purchased. 

Q. Now, these given to these men for suppers, what did they cost 
per pair, four dollars and twenty -five cents? 

A. Yes, but I told you they were crippled in transit. 

Q. Did you ever suggest to these men that these crippled birds 
were unfit for their eating? 

A. No, I suggested — I didn't know what to do with them; they 
were unfit for service on the game farm, could propagate 

Q. Then that was about $25 worth of birds that you presented 
to these men for suppers? 

A. No, not that much ; you see in getting or counting pairs you 
get the male bird cheaper than that, the hens come muck higher than 
the male birds, because of the fact the male will serve four or five hens. 

Q. Have you ever shipped any birds out of the state? 

A. Well, not to my recollection, I have not. 

Q. Did you ever ship any to Arkansas — Hamburg, Arkansas? 

A. I believe I did make a shipment there at the request of — I can't 
remember his name — some man in connection with the Missouri Pa- 
cific in St. Louis, I believe. 

Q. Who was the man you sent them to ? 

A. I can't remember the fellow, but the name of the fellow on 
whose request they were sent was general counsel for the Missouri 
Pacific. 

Q. Ealey? 

A. Yes, yes; Mr. Raley. 

Q. How many did you send down there? 

A. 0, I don't remember; I expect half a dozen; that's the ship- 
ments I usually make. 



56] 207 

Q. How many can you get in one coop ? 

A. Well, the large coops that come from England 

Q. I mean when you send them out? 

A. Sometimes we put in half a dozen, sometimes a dozen; I don't 
know how they were shipped — Mr. Broadbent attends to it from the 
farm. 

Q. Did you send two coops into Arkansas? 

A. I don't remember; I remember the circumstance now. 

Q. And you prepaid the express charges on these birds? 

A. We always do on stuff we ship ; we have orders to do that, to 
prepay all charges. 

Q. You sent this complimentary order to Mr, Raley and prepaid 
the charges? 

A. Yes, I sent them to Mr. Raley — my recollection is that he said 
he noticed an article in some of the papers that pheasants was a de- 
stroyed of the boll weavil, and while he didn't have any land in Mis- 
souri he had a good place in Arkansas where he raised cotton, and if I 
wanted to try the experiment, I could send some down there ; I re- 
fused to send birds outside of the State, when I have had hundreds of 
opportunities to do so, but, he being a citizen of the State, I thought 
perhaps I could make that exception. 

Q. Did you get any transportation on account of your gener- 
osity from the Missouri Pacific people? 

A. No, sir; I never rode a mile on the Missouri Pacific except 
where I paid for it. 

Q. You say Mr. Raley is a citizen of Missouri? 

A. Yes, sir; he is general counsel for the Missouri Pacific Rail- 
way and lives in Missouri. My understanding is he lives in St. Louis. 

Q. He has a farm, though, down in Arkansas? 

A. Yes, sir. 

Q. And tliese birds were sent to the man on his farm, isn't that 
true ? 

A. Yes, that's right, 

(Senator White) Q. Did you ever get any results, any report of 
any results of the experiment, for which you sent these birds? 

A. They haven't been gone long enough. 

(Mr. Orr, continuing.) 0. When did you send them? 

A. I guess some time in October or November, 

Q. Do you know a man by the name of Smelser? 

A, Yes, sir. 



208 [56 

Q. Did you liave any correspondence witli him last summer? 

A. I don't remember it if I did. 

Q. I will ask you if you recognize this letter? (Witness examines 
letter.) No answer. 

Q. Just look at the signature and see if you recognize that? 

A. Yes, I wrote that letter. 

(The letter referred to is here offered in evidence, marked exhibits 
1 and la, made part of the record herein and is in words and figures 
as follows, towit : 

State of Missouri. 
State Game and Fish Department. 

City of Jefferson, June 7th, 1910. 
(Jesse A. Tolerton, Commissioner.) 
"Mr. F. E. Smelser, Doniphan, Missouri. 

Dear Sir: — Referring to your letter of recent date with reference 
to the politics of my deputy, Mr. Thompson of your county, desire to 
say that at the time I appointed Mr. Thompson, I was told that he 
had heretofore been a Democrat, but that he voted for Hadley and prac- 
tically all the ticket in 1908, and if you will call on Mr. Butler who has 
some letters and endorsements from a party at Neeleyville; also one 
from Dave Hill. When I was down there with the Hadley party on the 
float on the Current river, I didn't get to see you, but I had a talk with 
Mr. Hume and some other leading Eepublicans there and none of them 
raised any objection to Thompson's appointment. 

To tell the truth about it, I think from the looks of your vote in 
Ripley county, .you were needing some recruits and that Thompson 
might be of valuable assistance to you in the future. Not having any 
other applicant from your county and thinking he was a man well 
versed with reference to fish and game and one who could give val- 
uable service to the Department, I appointed him. I am surprised to 
see you write me kind of a letter that you did, and, knowing you per- 
sonally, I had reason to expect better treatment from you. So far as 
my Republicanism is concerned, I have never had a doubt in my own 
mind but that I was as good a Republican as yon arc, and, since I have 
received your scorching letter, I am inclined to think that I am a bet- 
ter one. 

I want to suggest to you that if this letter is an indication of the 
way you handle politics in your county, that I am not surprised that 
it is still in the Democratic column. While I don't believe in giving 
offices to new recruits and neglecting the old war horses, the time is 
ripe in Missouri for Republicans to try and strengthen their party where 



5G] 20!) 

tliey can with recruits from tlic opposition, in place of driving men 
away who have l)een voting a part of our ticket and are disposed to 
work with us. T want to assiu'o you that if ]\Ir. Thompson goes down 
there, taking a hand in supporting the Democratic candidates, that 
he will not stay in my Department. On the other hand, I have rea- 
son to believe that he will give you and other Republicans there such 
assistance as he can. He certainly can be of some help to you in his 
ti-avels over the country and help bring out the Republican vote and 
if you will indicate to me the candidates that you have the best op- 
portunity of electing on your county ticket, or any other way that 
Thompson can be of assistance to you, I will see that he does it. 

At any time that I can be of assistance to the party organization 
in your county, I will be only too glad to do anything that I can. 

Very truly yours, 

JESSE A. TOLERTON. 
J AT— AFP. 

(Witness continuing.) A. My recollection is I had a bitter letter 
from Mr. Smelser, aimed against the Department in regard to Mr. 
Thompson, and suggesting that he didn't need any help from him, that 
he wasn't the kind of Republican that he wanted to transact business 
with 

Q. In this letter, Mr. Tolerton, you suggested that if Mr. Thomp- 
son worked for the Democratic party that you would discharge him? 

A. I wanted to let him know that I wasn't trying to do anything 
to disorganize my party in this county. 

Q. But you wanted him to also understand that Mr. Thompson 
couldn't work for the Democratic party? 

A. I wanted him to understand if he was acting against our par- 
ty, to the extent that he was hurting our own organization would not 
put up with it. 

Q. You wouldn't permit your deputies to work against the Re- 
publican party? 

A. I didn't expect them to do anything for the opposing party. 

Q. You say, "I want to assure you if Mr. Thompson goes down 
there taking a hand in supporting the Democratic candidates, that he 
will not stay in my Department," that you would see to that? 

A. I never asked Mr. Thompson to work for any man in the cam- 
paign. 

Q. Yes, but you say, "If you will indicate to me the candidate 
that you have the best opportunity of electing on your county ticket or 

56—14 



210 [56 

any other way that ]\Ir. Thompson ean be of service to you, I will see 
that he does it"? 

A. Yes, but he wouldn't indicate to me what he wanted. 

(Senator Buford.) Q. But you was willing to make the risk? 

A. I wanted to be fair with him. 

Q. You say that "Mr. Thompson can be of help to you in his 
travels over the county and help bring out the Republican vote," did 
you think that was fair? 

A. I thought that if he was so bitter against Mr. Thompson, from 
the angry letter that he sent me, there wasn't any other way to settle 
the matter. 

(Senator White, interrupting.) Q. Have you your letter you wrote 
Mr. Smelser? 

A. I don't know whether I have or not. 

(Mr. McCarty.) Q. Who is this Mr. Smelser? 

A. Mr. Smelser is chairman of the Republican County Commit- 
tee of Ribley county. 

Q. Where does he live? 

A. He lives at Doniphan, Missouri. So you see, gentlemen, I not 
only lost friends in my own party but some in your party by appoint- 
ing the other fellow. I think Mr. Thompson is one of the best men I 
have, in spite of the fact that he did not support me for auditor two 
years ago; he didn't vote for me in 1908. 

(Mr. Orr, continuing.) Q. He has been appointed since that 
time? 

A. Yes, he was appointed since the campaign of 1908. 

Q. I want to a.sk you another question. What did you send into 
Arkansas, quail or pheasants? 

A. Pheasants. 

Q. And you say there were from six to twelve in each coop? 

A. Yes, somewhere along there. 

Q. Then if there were two coops, you sent twelve or twenty- 
four? 

A. No, I didn't send over a dozen birds I know. 

Q. I know, bat if there were two coops, then you either sent twelve 
or twenty-four? 

A, If two coops went, then there were twelve birds in it. 

Q. These were the birds that cost $4.25 a pair? 

A. No, those were birds I raised at the farm. 

Q. But they were the same kind of bird that you paid $4.25 a pair 
for? 



561 211 

A. Yes, the same thing exactly. Now, there is something else 
I want to tell yon, there has never been a bird, a pheasant or partridge 
or any other bird from that farm consumed at my house for food 
purposes or anything of that sort. 

(Senator White.) Q. Eef erring to your testimony on regard to 
the birds you had given away, you said they were crippled, or had 
rough legs 

A. They have scales on them, like you sometimes see on Plymouth 
Bock hens, scaly legs. 

Q. Couldn't these birds be used in any sense for the Depart- 
ment ? 

A. "We couldn't use them for anything in the world that I know 
of; there was no demand upon the market for them; they were worth- 
less to me, and there are possibly a couple of dozen there yet. 

Q. No sale for food purposes? 

A. I didn't know I had a right to sell them for food purposes. 

Q. Were you at any of the suppers wiiere they were served? 

A. I think out of all of them, I perhaps ate one of the birds my- 
self ; I was at one of the suppers. 

Q. Which supper were you at? 

A. Well, I was — I guess I was at two, and I ate half of one each 
time. 

(Mr. Orr, continuing.) Q. At whose suppers were you? 

A. One was Senator Wilson's and I believe I was at one where 
some members of the House had supper — I forget whose supper it 
was. 

Q. Did you ever make attempt to sell these birds? 

A. No; now, the chef at the Madison House telephoned my of- 
fice one day after they had one of their first suppers, and asked if I 
wouldn't sell, say a dozen of them, to some traveling man, but I didn't 
do it. 

Q. You say you didn't know you had any right to sell them? 

A. I didn't think I had any right to dispose of them to traveling 
men, 

Q. You thought you had a right to give them away, though; why 
not sell them and put the money into the fund? 

A. It is a matter of difference of opinion as to what was the best 
course to pursue. 

That is all. 

(Question by Dr. Mitchell.) Q. Have you sent any birds over 
your own county? 

A. Nothing ; possibly, perhaps one dozen partridges. 



212 [56 

(Mr. Orr, continuing.) Q. What was it you sent as many as 
sixty birds to some counties and some counties got none? How did it 
happen that certain counties were so well taken care of? 

A. Well, the distribution was expected to be made, taking into 
consideration the amount of money to be paid into the game fund, 
and also in accordance with the way the applications came in at the 
time they were filled. Representatives and others in some counties would 
write instructing — you take your county, Mr. Orr, Livingston county — 
I don't recall, but I think I filled every application I have had from up 
there, and the same is true in Senator White's county. 

(Senator Dun woody, interrupting.) Q. Did you ever send any 
birds to parties in Jasper county? 

A. Not that I know of; the Democrats got them all; neither Sen- 
ator Buford, nor his representatives, as far as I can recollect, ever 
asked for any for his county. 

(Question by Dr. Mitchell.) Q. Now, your deputy, A. C. Wright, 
was before the committee; he said that he had received a letter from 
you giving him a kind of general instruction ; I would like to have you 
look at copy of the letter. 

A. This is a copy of the letter sent to each and every deputy 
that has been appointed and wliicli appears in the Annual Report of 
1909. 

(Question by Dr. Mitchell.) Q. I'd like for that to go into the 
record. 

Mr. Orr: All right. 

Witness : I 'd like to say for the benefit of the committee that the 
report be made a part of the proceedings. 

Q. This is a copy of your letter for the Annual Report? 

A. Yes, and the comment on it. 

(Mr. Orr, continuing.) Q. By the way, you haven't made your 
annual report as yet? 

A. No, if I don't get my printing appropriation, I don't make 
it. My printing for tht last two years has cost something over six 
thousand dollars and the present appropriation only allows me one 
thousand dollars for the next two years. 

(Mr. Mitchell.) Q. You want to offer this letter in evidence 
as your instructions to deputies? 

A. Yes. (Letter is here marked exhibits 2 and 2a, and is in words 
and figures as follows) : 



56] 213 

"Jefferson City, Mo., November 11th, 1909. 
Mr. A. C. Wright, Kansas City, Mo. 

Sir: — In appointing you deputy game and fish commissioner, upon 
the recommendation of your friends, I have trusted in your ability 
and honesty, but in order that I may not become recreant to the duty 
which I owe the State, not only as to my own conduct, but those em- 
ployed by me, I have reserved the right of watching over your con- 
duct in the discharge of your duties and to freely and fearlessly criticise 
you when I believe such criticism to be warranted and for the good of 
the service. 

It will be your duty to see that the game laws of Missouri are strict- 
ly enforced and to co-operate with me and with other deputy com- 
missioners and with the criticisms of your State to that end. 

REPORTS. 

At the end of each week, you will carefuly till out your weekly 
report, giving a brief statement as to the work done and if the space 
left on your weekly reports is not sufficient to give in detail the work 
done during the day, you will attach an extra slip of paper to your 
weekly report and continue the report thereon. 

The object of this report is to furnish information to the Game 
and Fish Commissioner as to the character of the work being carried 
on by the agent in the field, and in order that he may know that the 
agent is not merely putting in the time and drawing the salary. There- 
fore you should be careful to give a full account of the work you are 
doing each day. 

Your weekly expense account should be accurately and carefully 
kept and reported at the end of each week on your weekly report. And 
also be careful to give the place at which telegrams or mail may reach 
you, in order that you will at all times be in touch with the office, so 
that directions may be sent you at any time. 

Your monthly account will be made out and forwarded to me on 
the first day of each month and must correspond in every way and bal- 
ance with your weekly reports for that month. 

Should the month end in the middle of the week, you will take out 
two separate weekly reports for that week; including in one that part 
of the week in the old month, and in the other that part of the week 
in the new month, in order that your monthly statement will correspond 
with your weekly reports. 

You are expected while in the field to use and exercise your best 
judgment under all circumstances. You should thoroughly familiarize 



214 , [56 

yourself with the law and with the decisions of courts relating to it. 
You should consult freely and co-operate with the prosecuting attorneys 
of the counties in which you operate and should, when in doubt as to 
how to proceed, or what action to take in any given case, freely consult 
with me either by telephone or by letter. 

As soon as an arrest is made, you should carefully and fully re- 
port all facts to me. It is not the purpose of the law to deal with tech- 
nical or frivolous violations, but it must be viewed in its general scope 
and object, and every precaution taken without fear or favor from or to 
any one who violates the law willfully and knowingly. In this respect, 
you must exercise your own good judgment and remember that it is 
your duty to keep the law from being violated as much as it . is your 
duty to prosecute where the law has been violated. Section 19 of the 
Game and Fish law provides that in making arrests you shall be en- 
titled to the same fee as that allowed by law to constables. However, 
as you are paid a per diem and expenses, I deem it best to instruct you 
that in all cases where it is possible, that you should cause the con- 
stable to make the arrest; but in case you deem it best to make the 
arrest, I believe you should not charge any fee for so doing, in order 
that it might not be charged against you that you are making the 
arrest merely for the fee and not for the vindication of the law. 

In making seizures, you should be careful to acquaint yourself 
with all the facts before taking any action. The right to search and 
seize has always been obnoxious to the people in general, and when 
done, it should be with care and caution and with due respect to the 
rights of others; but without timidity or fear on your part when you 
have reason to believe that the results will be obtained through such 
action. 

In conclusion, I desire to say that it is not my intention to be 
exacting with reference to your expense account, but you should be 
conservative in your expenses, and as they are paid by the State, I do 
not want the charge made against this Department that its deputies 
are making a 'spread' at the State's expense, but I would go to hotels of 
good standing and, in short, do as though you were spending your own 
money. Very respectfully. 

State Game and Fish Commissioner." 

Mr. Orr, continuing: "We also offer in evidence letter, marked ex- 
hibit ''1" and "la," written by Mr. Tolerton, dated June 7th, 1910. 

(Mr. McCarty.) Q. How do you apportion these birds to the 
different counties? 

A. I haven't any particular metho<ij I am wanting to try the 



56] 215 

experiment this year ; if I should send a dozen to your county and sixty 
to Pike county, and the experiment this year shows they will do well 
in Pemiscot and not in Pike, I will send no more to Pike in the future. 
I'd attempt to stock the counties with them where the experiment this 
year shows they will do well. 

Q. Wouldn't it be better to send about the same number to each 
county ? 

A. Not necessarily; I have covered over eighty counties, so I 
have got enough in each county to try the experiment, and in the fu- 
ture I would make distribution in accordance where I find that they do 
well. 

Q. And you sent out sixty-two pair to Pike county? 

A. I can't tell you how many, but the report at the house will 
show. 

(Question by Dr. Mitchell.) Q. In the testimony of T. J. Cope- 
land, before this committee, among other things he stated: "Question. 
Is there any other statement you desire to make? Answer. Well, there 
is one thing, the matter of Mr. Farris; being employed in the capacity 
that I am at the Auditor's office, I had charge of the expense accounts 
and vouchers, and when he came in there for his information, I showed 
it to him. Question. What did the voucher show? Answer. The vouch- 
er showed railroad fare from St. Louis to Steelville and hotel bill for 
that day. Question. Does the voucher show the railroad fare from St. 
Louis to Steelville? Answer. Yes, sir." Now, I would like to ask if 
you ever showed such an expense account? 

A. No, sir; my expense account never showed where from nor 
where to. The expense account shows railroad fare, as I stated then, 
covering an amount within a few cents for which my fare was from 
St. Louis and return, but I never purchased any ticket to Steelville, 
and there is no expense in my account showing expense from St. Louis 
to Steelville. 

"Question. Does the voucher show the railroad fare from St. Louis 
to Steelville? Answer. Yes, sir. Question. Does it say where to? An- 
swer. From St. Louis to Steelville. Question. You are positive? An- 
swer. Yes, sir." Now, you say 

A. I say the account never showed that; there wasn't any place 
on the account that showed where from nor where to. 

(Question by Senator Buford.) Q. Did you write any other dep- 
uty a similar letter, or did you write any other person a similar let- 
ter, to the letter that you wrote Mr, Smelser at Doniphan? 

A. I think that was the only one I did write; I dou't think there 



216 [56 

was any occasion to. The Republicans in the county do not kick on 
them, at least. I want to say that I paid Lewis Nelson, a Democrat, 
over six hundred dollars last year, and there was no complaint from 
Democrats or Republicans; therefore, I do not have to write any more 
such letters. 

That is all. That is all. Witness excused. 

MR. JAMES P. BOYD, being first duly sworn according to law, 
testifies as follows : 

(Question by Mr. Orr.) Q. Mr. Boyd, you are present Repre- 
sentative in the General Assembly from Monroe county? 

A. Yes, sir. 

Q. Are you acquainted with one Osterhout, who is deputy game 
and fish warden? 

A. I am acquainted with Mr. 0. S. Osterhout, whose residence 
is in Hannibal, Missouri, and I have been informed that he was, dur- 
ing the year 1910, deputy game and fish warden, 

Q. What is Mr. Osterhout 's business outside of his deputyship? 

A. For the last few years he has been engaged in the real estate 
business in the city of Hannibal, but until — to the best of my memory, 
about eigliteen months ago — this is only approximation, gentle- 
men, he and a man by the name of Eggerman, I think that is his name, 
they Avere partners in real estate existing under some firm name, but 
I have forgotten that firm name, but something like eighteen months 
ago or two years ago that firm dissolved, going into the building of the 
Hannibal Trust Company, and Mr. Osterhout and this gentleman, Egg- 
erman, have since that time occupied offices adjoining each other, joined 
by means of doors, I think, opening together, and Mr. Osterhout has 
more or less engaged in the real estate business, 

Q. Do you know whether Mr. Osterhout, during the year 1910, 
gave any time to his private business? 

A. I know that I was in his office a number of times in the year 
1910; in fact, each time I was ever in Hannibal I was in IMr. Oster- 
hout 's office, and that I never found him out of his office or away 
from home at any time I was there, and each time he discussed real 
estate matters with me. and discussed with me his interest in Texas — 
investments he had in Texas and some that he had in Arkansas, and 
discussed with me some sales that he had in Hannibal and gave me to 
understand that he was engaged — by conversation that he was en- 
gaged — in the real estate business and transacting the business, but only 
in the way of casual conversation, because I called for a visit with 
him. 



56] 217 

Q. Did he on any of these occasions, indicate to you how much time 
he was giving to his duties as deputy game warden? 

A. On one occasion, I think it Wiis the 28 or 29th ol' December, in 
the holiday week of 1010. anyway, I was in Kails county at a call session 
of the circuit court, ami as I returned home — I had some two or three 
houi'S in Hannibal and while waiting for the train connection — I went 
to Mr. Osterhout's office and he brought up the subject of the game law 
in this State, and he ajid I entei-ed into a discussion of it, and that was the 
fii-st intimation that I had had that he had been drawing a salaiy each 
day in the yciu* of 1910 of three dolhu-s per day as deputy game and 
fish warden ; I questioned his right to do it. I will say to the committee 
that there was rather a heated discussion between him and I about the 
matter, and I asked him the question, how many days he had been out of 
his office in the year 1910, and I give this as my best memorj- only, be- 
cause I have since tried to recall exactly what he said, and I am unable 
to do it. because it didn't impress itself upon me, as I never thought it 
would be a matter that would ever be investigated, but as my memoiy 
serves me. he told me that forty-seven days — that is. he was out of his 
office and away fnmi his business, in the discharge of his duties as deputy 
game warden ; forty-seven days ; then I asked him what right he had to 
draw salary for three lunidred and sixty -live days under the law, and told 
him that as I remembered the law it requires you — permits you to draw 
three dollars per day when actually engaged in the actual enforcement 
of the law, under the direct ordei*s of the Game and Fish Commissioner ; 
he reminded me of the fact that there was a river lal0^^Tl as the ^Missis- 
sippi river, as he put it. running by Haimibal, and he had a right to 
work down among the fish boats and the fishermen, in the manner he 
wanted to, and see if there was any violation of law down there, and 
charge up a day's work for it; that was his argument to me; I i^-collect 
I asked him if he worked down on the river every morning, Simday and 
all, and he said "no,'' he had been there though, that the remainder of 
the deputies were doing it. and lie had a right to do it. Now, that is ap- 
proximately and in substance what he said to me. It is impossible for 
me at this time to detail word for word the convoi'satiou as it took place. 
I wish to say here, that that was the fii-st time that I ever had intimation 
tliat the deputy game wardens of this State were charging for every day 
in the year, and when I came to Jefferson City I went to the Auditor's 
office, and I obtained only the amount of money ^Ir. Osterhout had col- 
lected. ^Ir. Osterhout and I are lifelong friends, the truth of the matter 
is, he is a distant relative of mine — 

(Dr. jNIitehell, interrupting.) Q. How nuicli. a cousin ? 

A. Well, his mother and my father ftre own coiTsi^s j in otheir words, 



218 [56 

my grandmother and his grandmother were sisters; you can figure out 
the relationship yourselves. 

(IMr, Orr, continuing.) Q. Now, did you make an examination of 
records which show a shipment of birds to some point in Arkansas by 
Mr. Tolerton ? 

A. Yes, sir. 

Q. Just tell the committee in your own way what you discovered 
in that investigation? 

A. I will have to refer to a memorandum ; I will say to the commit- 
tee, to start out with, I don't want, unless the committee forces me, to 
give the first part of this information because it was given to me in con- 
fidence ; I don 't think you would want me to break confidence with a man, 
but in confidence I was informed that Mr. Riley, Robert Riley, who is 
general attorney for the Missouri Pacific Railway Company, I believe it 
is, had informed this party that the deputy game warden had shipped 
birds to the state of Arkansas. I first went to the express company to 
see if I could ascertain there, and there they told me that the statement 
for each month was on file in the Auditor's office, showing shipments and 
to whom they were shipped; I went to the Auditor's office, 
and you will find that upon January 3, 1911, there was 
a statement filed and paid by the State Auditor by the Pacific Express 
Company, which shows that on December 1, 1910, there was shipped two 
boxes of birds to 0. Seigel, at Hamburg, Arkansas, the express paid by 
the State for that shipment was $4.88. Upon investigation of the railroad 
maps I found that Hamburg, Arkansas, is 267 miles south of the south 
line of the State of Missouri, in other words, 268 miles south of Neelyville, 
It is located on the Louisiana and Gulf railroad; it is about as nearly 
as I can estimate it, about twenty miles north of the north line of the state 
of Louisiana. That shipment was made the first day of December, from 
the Pacific Express Company of two boxes of birds. 

Q. You mean by the State Game Warden shipped out of the State 
of Missouri ? 

A. Yes; $4.88 on December 1st, 1910, that can be found in the State 
Auditor's office; it is there. 

(Question by Mr. McCarty.) Q. Did you notice the value put on 
those birds ? 

A. Your bill wouldn 't show that ; you can get that from the Pacific 
Express Company, but I didn't get it. The agent at the Pacific Express 
Company told me that the shipment from other customers, and I could 
get it much more readily at t4if) Auditor's office, 

That is all. 



56] ' 219 

(Question by Dr. Mitchell.) Q. You were prosecutiDg attorney of 
your county ? 

A. Yes ; six years : 

Q. Well, you were holding your office at the time Mr. Osterhout told 
you all this ? 

A. No, sir; I was not — • 

Q. You never informed ]\Lr. Tolerton about liis statement? 

A. No. 

Q. Nor any other officer! 

A. No ; no other officer. 

Q. You knew this was a violation of law? 

A. I don 't know that it is a criminal offense. 

Q. You didn't know that these deputies are required to swear to 
their weekly reports ? 

A. I did not know till I became a member of the Legislature that 
they made daily statements and that they were required to swear to them. 
I don 't thmk that there is any law on the statute books that requires them 
to swear to their work ; I will say this, I am not a detective, and have not 
been employed by any detective bureau, I will also say I have not 
attempted in any way to shield a relative, and as I stated in the House 
of Representatives, in this State, he was the only person I mentioned, as 
I wrote him, if he were my brother I would not countenance his acts, and 
I would not. 

That is all. That is all. Witness excused. 

MR. JOHN P. GORDON, State Auditor, is recalled for further ex- 
amination, and testifies as follows : 

(Question by Mr. Orr.) Q. Did you advise Mr. Tolerton, at the 
time you held up the James account, of the information you had as to the 
incorrectness of it? 

A. I did. 

Q. And tell the committee whether or not you gave him all the in- 
formation you had in the matter? 

A. I did. 

Q. And that information was that the accounts were incorrect and 
that he had made charges that were not true ? 

A. I knew there were parts of the account that were incorrect, and 
explained it to Mr. Tolerton. 

(Mr. Mitchell, interrupting.) Q. Now, his expense account— you 
paid this expense account, did you not, from your department ? 

A, I paid part of it. 4 . 



220 [56 

Q. You paid that before Mr. Tolerton recommeuded tlie payment 
of the per diem 

A. Wc agreed, .Mr. Tolerton and myself — I told Mr. Tolerton there 
was a part of the expense account I wouldn't pay, and I told him I 
thought there was part of the per diem that should not be paid, and he 
agreed with me it shouldn't be paid, and I didn't pay it. 

Q. Then you and JMr. Tolerton agreed upon the expense account, 
and did you agree upon the per diem ? 

A. We didn't agree on the expense account; I told him certain 
parts of the expense account I wouldn't pay, and he said that Avas all 
right. 

( Senator Dunwoody.) Q. Did you afterwards pay the full amount, 
the expense account? 

(Dr. Mitchell.) 'Q. Some of it has not been paid yet ? 

A. No, sir. 

Q. And Mr. Tolerton has not asked it should be paid? 

A. I caii't say about that; I am sure part of it he did. He did 
afterwards come back and insist that I pay part, and I cut it out at his 
instance, in the first place ; I told him I thought it better to be cut out, 
and he said ' ' go ahead, it will be all right with me ; I had no right under 
the law to cut it out." 

Q. After this expense account was filed and paid, did Mr. Tolerton 
recommend certain amount of payment of the per diem? 

A. No; all of it; and there was part of the expense account that 
Mr. Tolerton said he thought should be paid, that I didn 't pay ; that is 
the part that never has been paid ; I think I paid all the expense account 
except ten dollars, and as I remember it, Mr.Tolerton thought it ought 
to be paid, with the exception of three dollars and a half or four dollars. 

(Question by Mr. McCarty.) Q. Mr. Gordon 0. K'd this account 
to be paid in full ? 

A. Yes, 0. K. 'd both of them. 

Q. And you were the one who called his attention to the fact of the 
items that should not be paid? 

A. I did ; I was — 

(Question by Dr. Mitchell, inteiTupting.) Q. That was due to one 
of your assistants, was it not, being familiar with the place where this 
deputy had been staying? 

A. No, sir; I knew the situation myself, doctor; and I loiew that 
a man wouldn't be away from home all the time when he had a family, 
and I called Mr. Tolerton 's attention to it, not only Mr. James, but other 



56] 221 

deputies as well, and lie made a remark, ''well, cateli 'em;** I said "all 
right, I will catch this one;" I already had hiin caught. 

Q. One of the statements he made was that he had been to some 
little place called Bowdry Cut ? 

A. Yes. 

Q. And there he had sent in an expense account of $2.00, was that 
paid? 

A. Yes ; for hotel. 

Q. And did he afterwards explain to your department that $1.50 
was for labor ? 

A. Yes ; he first sent in — wscit a moment and let me get the account 
(witness takes account out of pocket) — the account, doctor, was finally 
sent in, and I had a man up there to see what days in the month of May 
Mr. James spent in CarroUton, and the dates were 2, 6, 7, 8, 12, 14, 15 
and 16, 21 and 22, 23, 27 and 29, those were the dates this statement 
showed that he spent in CarroUton ; I then said to Mr. Tolerton, calling 
his attention to it, told him the information I had and told him I would 
like to have the weekly statements this man made out, which doesn't 
come to my department; we had agreed on this, and they made his ac- 
count in this way, Mr. Tolerton recommending the ones he had made, and 
he had showed them to me, and I felt that they were much better, and I 
took up these dates that this man claimed to have been at home and on 
the first and second, I discovered that Mr. James claimed to have been at 
Keytesville on the second and on the third. He claimed that he was in 
Keytesville, and this man claims he was at home on the second ; I wrote 
or telephoned to the hotel man at Keytesville, and asked what day or 
days during the month of Maj'- that Mr. James spent at his hotel, and 
how much money he paid him ; he said he was there the third and paid 
two dollars, and he claims he was there on the second and third, and paid 
$4.00 ; so the man I had watching him at CarroUton, and the report he 
made to me, and the story of the Keytesville hotel man, did not cor- 
respond exactly. 

Q. He afterwards made a statement to you did he, in regard to that 
account ? 

A. He still claims that he paid four dollars, and that he paid two 
dollars at the Florence Hotel at Brunswick, and Mrs. Sashey says he only 
paid fifty cents — ^here's a telegram from the Kupper hotel — 

(Mr. McCarty, interrupting.) Q. How much does he claim he paid. 

A. Two dollars. Yes, here 's a letter signed by J. Mclntyre ; I think 
he nms the Kupper hotel at Kansas City ; anyway, J. A. Taylor at Kansas 
City, I think it was Mr. Taylor, he is a young lawyer in Kansas City, got 



222 [56 

him to go to the Knpper hotel to find out how much money Mr. James 
had paid on a certain day, and I can give you, by nmning through 
these things, where he claims he paid $4.00. Here is a telegram I got, 
"Jack James, register, CarroUton, Missouri, room 35, paid $1.00." Now 
he says he paid these people $4.00 ; now he comes back and says he paid 
$1.00 to the Kupper, and some restaurant a dollar, and some other res- 
taurant a dollar; I said I didn't know which one is correct, and I won't 
pay either one of them. 

Q. These accounts never have been paid? 

A. Part of them have been paid ; I have some other letters. Here 
is one I wrote to Mr. Watkins, he claims to have paid $5.00 to the Hen- 
rietta hotel at Chillicothe ; my information I got from Watkins was on the 
28th, dinner and supper, checked off at "S," Eepublican congressional 
committee meeting. My letter was dated June 11th. 

(Question by Senator Buford.) Q. How much did Mr. James cer- 
tify to in that trip ? 

A. Five dollars. 

Q. How much did the hotelkeeper state that he had paid? 

A. Mr. Watkins claims that he was there only for dinner and sup- 
per? 

(Dr. Mitchell.) Q. Did Mr. James say he paid this hotel $5.00, 
or was it five dollars for that day? 

A. He claims to have been in Chillicothe on the 11th. 

Q. He claims to have paid that much at that hotel? 

A. Yes; and he claims to have been there on the 28th day and the 
29th, which would be $5.00; they say he was only there once, and that 
was the 28th, for dinner and supper. 

Q. But this statement on file, that don't say he staid the w^hole time 
at that one hotel? 

A. No ; but he says so in liis statement to Mr. Tolerton. 

Q. He just states, makes statement of $5.00 for hotel, but doesn't 
state the hotel he paid that to? 

A. That's where he always stops; I think he mentions here, in here 
he stopped there. 

Q. He says he did stop there, but only paid — 

A. He does say he stopped there in that statement somewhere; I 
don '1 remember just Avhere. 

(Dr. Mitchell, continuing.) Q. In his explanation to you and Mr. 
Tolerton, did he say he paid that one hotel five dollars? 

A. No; he doesn't claim that now, but he claims he paid it out to 
restaurants. 



56] 223 

Q. He doesn't state in liis original account that he paid that much 
out to one hotel, at that one hotel ? 
A. I think he does. 

Q. You are not positive about that fact? 
A. No, sir; I had that information. 
That is all. That is all. Witness excused. 

Mr. T. J. COPELAND, recalled, testified as follows: 

(Question by Dr. Mitchell.) Q I will ask you the question, you 
stated before this committee that the voucher showed ' ' railroad fare from 
St. Louis to Steelville and the hotel bill for that day." Question. 
"Does the voucher show the railroad fare from St. Louis to Steelville? 

A. Yes, sir." 

Q. Is that correct? 

A. That 's the way I remembered it ; yes, sir. 

Q. Does it say where to? "Answer from St. Louis to Steelville." 
Question. "You are positive? Answer. Yes, sir;" now have you that 
voucher ? 

A. No, sir. 

Q. Did you state each voucher was filed in your department? 

A. That 's the way I remember it at the time I looked at it. 

Q. Is that a blank similar to the ones Mr. Tolerton uses ? 

(Indicating.) A. Yes, sir, 

Q. Did he ever write across this as to where the railroad ticket was 
bought to and from ? 

A. He usually put in his expense account mileage. 

Q. But you state here this voucher showed that the ticket was 
bought from St. Louis to Steelville ? 

A. It didn't show any amoimt of mileage; it showed railroad fare; 
he usually filed his expense account by the mileage book — 

Q. Did he show on the voucher from St. Louis to Steelville ? 

A. That's my recollection. 

Q. Have you any other copies of his expense account — where is the 
October one ? 

A. Destroyed all of them. 

Q. You made that statement to that committee when here before, 
that they were destroyed ? 

A. No, sir. 

(Mr. McCarty.) Q. You may state how they were destroyed? 

A. They were destroyed in the fire, February 5. 



224 [56 

(Question by Dr. Mitchell.) Q. You feel positive that Mr. Toler- 
ton had written on lliis that this was I'ailroad ticket from St. Louis to 
Steelville ? 

A. Yes, sir; that's the way I remembered it. 

Q. Is there anything* there, any blanks in which such things could 
be written? 

A. You can write anything you want to on there. 

Q. Does any of the other expense accounts filed in your office show 
that the railroad tickets were bought from one place to another? 

A. I don't know ; that's the only one I looked at. at that time. 

Q. Have you any of them at your office now? 

A. They were all destroyed. 

Q. Have any been filed since that time? 

A. The December accounts ; yes, they were paid in Januar3^ 

Q. But you say this was the only one of all of them like this one? 

A. I say I couldn 't say that others might have been the same way. 

Q. But you say this one did have that written across it? 

A. Yes; that is my impression. 

(Question by Mr. McCarty.) Q. I'd like to ask you, Mr. Copeland, 
a question, did you have any special reason, or were you especially re- 
quested to look at this special voucher in question ? 

A. Yes, sir; I was. 

Q. Were you requested to look up that matter? 

A. I was requested by Mr. Farris — Mr. Frank Farris — and he and 
I looked over it together. 

Q. Now you say Mr. Farris was with you and looked over this 
voucher? 

A. Yes, sir. 

Q. About what time was that ? 

A. That was about the latter part of January. 

Q. Sometime in January, 1911? 

A. Yes, sir. 

Q. And you of your own accord wouldn't have been looking this 
voucher up at that time had you not been requested to do so ? 

A. No, sir. 

Q. You simply acted in the capacity of one of the officers who 
would show up documents for any citizen or any one who would re- 
quest it? 

A. Yes, sir, 

Q. That was all the interest you had in it at that time? 

A. Yes, sir. 



56] 225 

(Question by Dr. Mitchell.) Q. The expense accounts of these dep- 
uties are not burned, are they ? 

A. Yes, sir. 

Q. All burned? 

A. Yes; all matter pertaining to the Auditor's office burned, ex- 
cept the matter we had on file. 

.Q, You have none of the copies of Mr. Tolerton 's expense accoimts ? 

A. No, sir ; they were the originals. 

That is all. That is all. Witness excused. 

MR. W. A. KINSIE being recalled for further examination, testifies 
as follows : 

(Question by Mr. McCarty.) Q. Is there any statement that you 
wish to make, Mr. Kinsie ? 

A. I don 't know ; I think somebody told me that there was a state- 
ment in this record to the effect that we had telegi-aphed the Kupper 
hotel saying that Mr. James spent a day there; I said that Mr. James 
spent a dollar there and not a day there — yes, on page 39, near the bot- 
tom of the page, where he says he stayed one day at the Kupper hotel, 
it should be that the manager of the Kupper hotel telegraphed us that he 
paid one dollar, instead of four dollars. 

. That is all. That is all. Witness excused. 

(By Mr. Orr.) We offer the weekly reports of all deputy game 
wardens that have identified the reports as the ones which they sent in to 
Mr, Jesse A. Tolerton, Game and Fish Commissioner, and which have 
been identified by them, as follows : 

MR. H. R. AUBREY, being first duly sworn according to law, testi- 
fies as follows : 

(Question by Mr. Mitchell.) Q. What is your business now? 

A. At the present time I am clerk in the Banking Department. 

Q. Where were you employed before that? 

A. I was employed in the Game Department; I was in ]Mr. Toler- 
ton 's oifiee. deputy, they term it; that is. my work was in the office. 

Q. What was your duty while employed there ? 

A. ^[y duty consisted in taking care of the boolcs; keep the books 
of county clerks and the various deputies and checking up their ac- 
counts and adding them up and getting them up ; we always keep a copy 
of each one in the office. 



226 [55 

Q. Did you file these in your office — do you keep them on file in your 
office? 

A. Yes ; I keep a copy oi all the monthly reports sent to the Audit- 
or's office, and of the weekly reports, whicli I suppose you gentlemen 
have here; we also keep in the Game Department's office. 

Q, The monthly reports Avere filed with the Auditor ? 

A. Yes, sir, 

Q. Who filed these ? 

A. I usually done that ; if they were not busy — I believe a time or 
two the clerks or stenographers took them over. 

Q. As a general thing, you filed them yourself ? 

A . Yes ; that was my duty. 

Q. You made out these expense accounts? 

A. Yes ; most of them. 

Q. Have you a duplicate copy of the one that you filed in the 
Auditor's office for October, 1910? 

A. I have of ^Mr. Tolerton's; the other duplicate copies are not filed 
in the office; that is, of other deputies. 

Q. Have you that with you? 

A. Yes, sir. 

Q. I'd like to see it? (AVitness produces paper.) 

(Dr. Mitchell.) I'd like to have that put on record? 

(Witness, continuing.) This is a duplicate copy with this excep- 
tion, if you will notice on the other side the jurat is not filled out ; this is 
a copy I made, and when it was sent to the Auditor's office I just filed 
the original and didn't copy the jurat, name under the jurat ; however, it 
was sworn to before Sam Haley. 

(Question by IMr. ]McCarty.) Q. "Wlien did you copy this one ? 

A. That was for October — I copied that this morning from the 
original on file in ^tr. Tolerton's office. 

Q. Then this is not the original copy? 

A. No ; the original copy is on file in the office. 

Q. I understood you to say this was the original copy? 

A. That is a copy of the original copy. 

Q. Then you were mistaken a moment ago when you said this was 
the original copy ? 

(Witness.) AVill the stenographer read my testimony? 
(The examination proceeding, stenographer had not time to comply.) 
(Question by Mr. White.) Q. Why was it you did not bi-ing the 
original copy up here ? 

A. ]Mr. Tolerton preferred to keep it there on file in his office ; he 
is custodian of all those papers. 



o6] 227 

(Question by Dr. ]\[itohell.) Q. We can get the original in a mo- 
ment. 

(Mr. MeCarty.) That is what we have been waiting for for two 
weeks. 

(Dr. ]\Iitchell.) If yon gentlemen are not satisfied with this we Avill 
get the original. 

(Senator Buforcl.) No objection to that. 

(Question by Senator White.) Q. Was it your uniform practice 
not to complete the jurat? 

A. Yes. it was; because at the time I made the copy, it is usually 
bef(U'e Mr. Tolerton swears to it ; of course, he signed and swore to that ; 
that is, the one that is in the Auditor's office; however, this has all the 
figures and evei^ything except that on it. In taking a copy of the docu- 
ment of the deputies, I always copy the jurat. 

Q. Wasn't the jurat on the original expense account filed with the 
Auditor ? 

A. Yes, sir. 

Q. Then if the jurat was completed on the original expense account, 
coxTesponding to the copy of Avhich this is a second copy, the copy down 
in the ofBce would not be a complete eop}^ of the original account? 

A. It is with that exception. 

Q. Why should any exception be made on the jurat on a copy of an 
expense account of the Game Warden himself, when the jurate are ap- 
pended to the copies of accoimts of deputies! 

A. The reason why is this, I made up that copy for ^Ir. Tolerton 
when he would come in from off the trip ; he would go to one like that 
which he had in his desk and make it up, everything, th(i expense he had 
been out. putting in the different days, how much money he would be out, 
then at the end of the month I would copy that, and ^Ir. Tolerton would 
usually take it and be sworn to it, and I would file it in that way, occa- 
sionally I w^ould get the jurat on, but for that month I did not, and I 
know it was sworn to before Sam Haley, but I don 't Imow the exact date, 
but I know that is a complete copy of the copy as it appears on file in 
Mr. Tolerton 's office, because I made that copy myself. 

Q. Where it says, "dinner for hay balers, $3.00, "" what do you 
mean by that ? 

A. That was some persons who baled hay on the game farm; Mr, 
Tolerton paid for their dinner, and in order to be reimbursed for it it has 
to go into the expense accomit; you wall notice that is under the head 
of miscellaneous, and we insert what it is for. 

Q. Mr. Aubrey, this one here, in line twelve, does show that there 



228 [56 

was two dollars and forty cents paid for railroad fare, under date of 
October 12 ? 

A. Yes, sir. 

Q. It does not show, however, from and to what points this fare 
covered ? 

A, It does not; the original filed in the Auditor's office did not at 
the time it was filed ; I copied it myself, and ought to know. 

(By Senator Buford.) Q. But two dollars and forty cents is the 
railroad fare from St. Louis to Steelville ? 

A. I am not informed as to that, Senator. 

(Question by Mr. Mitchell.) Mr. Tolerton has explained that; 
that is the fare from Springfield to Mountain Grove. 

(Question by Mr. Mitchell.) Q. I understood you to say this is an 
exact copy of the one on file with the Auditor for October? 

A. No answer. 

(Senator Buford.) Q. Now, this is an exact copy — 

A. This is an exact copy of the front page, of the one filed with the 
Auditor. 

Q. But the instrument you have here is a copy of the copy that was 
filed in the office? 

A. It is. 

Q. The original filed with the Auditor? 

A. Yes, it is ; if you want the original filed in the office, ]\Ir. Tolerton 
lias that. 

Q. When did Mr. Tolerton ask you what your memoiy was in re- 
gard to this original — as to what was on it ? 

A. I can 't give the exact date ; it was after Mr. Copeland testified ; 
lie called me over the telephone and wanted to Imow — well, he told me to 
oome down to the office, he wanted to see me ; I went in and he asked me 
if I made out the expense account for October ; I said I did ; the reason I 
remembered it was because he was sick at the time and I took it out to 
liis house, and he says does that expense account show from or to, any 
place on it. — 

Objected to by Senator Buford as immaterial. 

(Question by Mr. McCarty.) Q. Now, this shows that for the 
month of October, 1910, that Mr. Tolerton 's expenses were $361.88, is 
that it? 

A. No, it showed $153.00 — that is his salary (indicating), now the 
salary and expense is $361.88 ; that's his cheek ; you see his salary amount- 
ed to $208.33. that is my way of checking up to see they approve of his 
expense account, you see we approve this for $153.55 ; now that is the 



56] 229 

anvoimt of the check, $361.88, and his expense would be $153.55 for the 
month of October, and his salaiy was $208.53 for that month, the two 
together making his check $361.88; and as I told yon, that is the way 
we check it up. 

Q. How long were you with him in his department? 

A.- I was with him from August 16, at the time the department 
commenced, 1909, I believe, and until the middle of January of this year. 

Q. January, 1911? 

A. Yes, 16th day of January, 1911. 

Q. You live here in Jefferson City? 

A. I have lived here since that department set up. 

Q. Wliere Avere you from ? 

A. I am from Taney county. 

Q. How old a man are you? 

A. I will l3e thirty-three years old tomorrow. 

Q. You lived in Taney coimty all your life 1 

A. AVell, most of my life ; I was born in Kentucky : it was not my 
intention to be bom in Taney county. 

That is all. 

(Question by Dr. Mitchell.) Q. What is this item? 

A. That's a Western Union telephone bill. 

Q. That is miscellaneous expense, and it is all included in this 
check, dinned for the hay balers and telephone and other things ? 

A. Yes; there's a little quail feed bill of Mr. Kiedns; he sent his 
personal check to the Western Union Telephone Company for four dol- 
lars and fifteen cents. 

(Question by ]\Ir. McCarty.) Q. How many hands were there 
baling hay ? 

A. I do not know. 

Q. AMiat did he pay for each dinner? 

A. I don't know. 

Q. You 0. K. 'd that and didn 't know what it was ? 

A. He is the man who 0. K. 'd it; it is 0. K.'d by him. and also the 
governor here, you will see. 

That is all. 

(Question by Senator Buford.) Q. Now, this October account, does 
that nui anything like the other accounts of other months; that is, his 
expense account, or was the October account a little bit large ? 

A. Well, let's see; I don't know that I can tell you about that; I 
don't know that I ever paid any particular attention to it: I'd sav, how- 



230 



[56 



ever, it is an average expense account ; it, however, is larger than some — 
not so large as — probably not as large as some ; I don "t know. 

(Paper writing, wliich is marked exhibit "A" is here offered in evi- 
dence, and is in words and figures, as follows: 

That is all. Tliat is all. Witness excused. 



3']x. "A. 



MONTHLY EXPENSE ACCOUNT. 



To the Honorable State Auditor, Jefferson City, Missouri : 

Sir — I respectfully report that my expenditures as State Game and 
Fish Commissioner for the month of October, 1910, were as follows: 





Hotel. 


R.R. Fare. 


Bus 
or 

Pullman. 


Postage. 


Team. 


Telephone 

or 
Telegraph. 


Miscl. 


Total. 


1 S2.00 
2 


*G . 00 


$2.25 






SI. 25 
Box 




SI 1.60 


Ben Rubin 


horn 


$5.50 


5.50 


:i 

4 


3 . 00 
3.00 
3.00 


•'' 10 


40 


5.50 




$3 . 50 


$2.00 






S.50 




mil'jtlJ 50, dray 1.50 

..! 






17.00 


Q 












7 










W.U.Tel. 


Co. 


4.15 


4.15 


8 






7.00 




7.00 


9 
















10 
11 

19 


1.00 
4.00 
3.00 
2.50 
3.00 
2.00 






R. A. Kier 


ns, feeding 


quail 




1.00 


6.00 
3.40 


2.00 


1.00 


3.00 


16.00 






5.40 


13 
i4 
15 
16 












2.50 


. 00 


2.00 
.50 


5.00 








16.00 








2.50 




Dinner for 


hay balers 




3.00 


3.00 


17 












IS 


















19 


















20 








5.00 








5.00 


21 
















2') 


3.00 


12.50 


2.50 










18.00 


23 












24 


















25 


















26 


















27 


















28 


















29 


















30 


















31 








25.00 








25.00 


















T'tl 


1 

$29. ;o $47. ro 

1 


$11.15 


$45.50 


$2.00 


$2 . 25 


$15.65 





Grand total. 



$153.55 



56] 231 

(Opposite page of exhibit "A" as follows: 

State of Missouri, 1 
County of Cole. ( 

I, Jesse A. Tolerton, State Game and Fish Commissioner for the 
State of Missouri, do solemnly swear that the foregoing is a true and cor- 
rect account of the money expended by me as Game and Fish Commis- 
sioner in the discharge of my official duties during the month of October, 
1910. 



State Game and Fish Commissioner. 
Subscribed and sworn to before me, this day of , 1901. 



(Seal) Notaiy Public. 

I, Jesse A. Tolerton, State Game and Fish Commisioner of the State 
of Missouri, hereby certify that I have examined the foregoing account, 
compared the same with his weekly reports, and find it correct, and it is 
hereby approved for payment. 



State Game and Fish Commissioner. 
Approved this day of , 191 — . 



Governor. 



MONTHLY REPORT. 

JESSE A. TOLERTON. 

State Game and Fish Com. 
Approved for. . . . $153.55 
208.33 

$361.88 



232 [56 

MR. JESSE A. TOLERTON being recalled by the committee to 
make any explanations concerning any testimony previously offered, 
testifies as follows : 

(By Mr. Tolerton.) Referring to Mr. Gordon's and j\Ir. Kinsey's 
testimony before the committee, tending to show that the $56.87 which 
the Auditor deducted from Mr. James' expense account for the month 
of May, 1910, in which it was stated that none of this money was ever 
paid to Mr. James, except at my request, I Avant to say in reply, that 
when Mr. Gordon called my attention to the fact that he ivnew there were 
nine days outside of four Sundays that j\Ir. James had spent at his home 
in Carrollton, and that he had information that he had not covered his 
itinerary which his weekly reports showed that he had, that I stated to 
him that I would like to have him hold up nine day's salary, together 
with $11.32, which he said was not due Mr. James, owing to the fact that 
he had not covered the itinerary, together with fifty-five cents bus faro — 
I desire to also leave a copy of I\Ir. Gordon's letter a month later, on 
July 21st, in which he allowed the $11.32 originally cut out by him when 
the statement was made that ]\tr. James did not travel over the territory. 
My understanding from Mr. Gordon was to the effect that upon a more 
thorough investigation, that he had foimd that Mr. James did cover the 
itinerary', aiid his letter of July 21st, shows that he sent him a check 
covering the above amounts, and that I requested him, since he had 
found that Mr. James was on duty and had covered the itinerary, to 
include the $27.00 for nine days, which he had originally held up at my 
request. The investigation further shows that Mr. James w^as able to 
account and produce receipts for all the original account, except $5.50 — • 
I can't recall all the different items — but with reference to the amount 
which Mr. James and Mr. Gordon had a controversy over about the 
Kansas City bill, which was supposed to have been paid at the Kupper 
hotel, the receipts and testimony produced by Dr. James, show that the 
Kupper house was a hotel run on the European plan, and that Mr. James 
did pay $1.00 for a night's lodging; the remainder of the $4.00 charged 
on this trip was for meals at the Baltimore hotel and other restaurants 
in connection with the trip. 

Referring to that portion of Mr. Gordon's letter under date of July 
21st, in which he says that he is informed that Mr. James only paid fifty 
cents to Mrs. Sashey, proprietress of the hotel at Brunswick, I want to 
state that I have a receipt from Mrs. Sashey, which was sent me by Mr. 
James, and which I turned over to Mr. White some time ago, stating that 
Mr. James did pay her $2.00, as charged in his original account; when 
Mr. Gordon called my attention to the receipt he had from the Sashey 



56] 233 

hotel for fifty cents, I called ]\Irs. Sasliey over the telephone, and she told 
me she knew nothing about the fifty cent receipt, but the two dollar one 
she gave Mr. James, and signed it herself, and I suggested to Senator 
White when the investigation was started, if they desired they could 
subpoena Mrs. Sashey and settle the matter. 

The item, $1.50, referred to in Mr. Gordon's letter, hotel at Bowdry 
Cut and at Bosworth — I want to say I also turned these receipts over to 
Mr. White, as they were furnished me by Mr. James. Although the 
Auditor deducted from the account $56.77, there is only a balance of 
$10.00 unpaid of Avhich Mr. James holds receipt for $4.50. 

(By Senator White.) I think you are entitled to make any state- 
ment that you wish, Mr. Tolerton ; go ahead. 

(Witness, continuing.) I want to call the attention of the com- 
mittee to a statement of ]Mr. Copeland's, in which he stated that Mr. 
James did not visit Glasgow to two letters, one from J. W. Hawkins 
and one from John Clifford, stating that they saw Mr. James in Glasgow 
on the date his expense account shows he was there and talked to him. 

(]\Ir. Orr, interrupting.) Q. What is the date of those letters? 

A. The Clifford letter is dated June 29th, and the other from Mr, 
Hawkins is dated same date, June 29th. 

Q. On what account did they write you about Mr. James being there 
on that date ? 

A. I demanded of him that he must show that he covered the itin- 
erary, or I would remove him. 

Q. And the date he Avas supposed to have been there was when ? 

A. May fifth, the date Mr. Copeland says his information was he 
was not in the town. 

Q. Do you know these men personally 1 

A. No, I do not. 

(Mr. McCarty, interrupting.) Q. Do you know their signatures T 

A. I do not ; but as I stated to Senator White at the outset, if there 
was any question about it I would like to have them call Mrs. Sashey and 
straighten the thing out. 

(At this point Mr. Tolerton offers in evidence copies of letters above 
referred to from State Auditor, John P. Gordon, same are marked Ex. 
"B" and B — 1, and Ex. **C," same are received and become a part of 
the record here, and are in words and figures as follows : 



234 [56 

"[SQi\\) STATE OF MISSOURI, 

OFFICE OF THE STATE AUDITOR, 

Jefferson City, Mo. 

JOHN P. GORDON, State Auditor, "WILLARD P. KING, Chief Clerk, 

July 21st, 1910. 
lion. Jesse A. Tolerton, Jefferson City, Mo. : 

Dear Sir — In regard to tlie James matter, I am enclosing you Treas- 
j?rer 's elieck as follows : 

'For nine days' during the month of May, as per diem, at $3.00, 
.*27.00. This, you remember I cut out at your request. I fully realized 
that I had no right at ajiy time to deduct a per diem under the law ex- 
4'ept at your request, and now as you request that it be paid, I include 
ihat amount in the oheck. 

I also include the $11.32 and the 55 cents for bus and street car fare, 
at your request, and because an itemized itinerary showing that said 
railroad fare and bus fare was paid, and said account being duly sworn 
-to. 

Of the $18.00 hotel bill which I originally cut out, I am refusing to 
l)ay $10.00 of that account for the following reasons: $5.50 being the 
iimount you and I both agreed that Mr. James could not account for. I 
refused to allow more than 50 cents at hotel at Brunswick, because I 
liave a statenient from that hotel which I have shown you, also shown Mr. 
.James, which says that he only paid 50 cents for hotel on that day. I am 
allowing 50 cents for the hotel at Bosworth, and am refusing to allow the 
$1.50 he claims to have paid for labor there, because in his original state- 
ment he swears that he paid $2.00 for hotel. I am allowing him 50 cents 
i'or dinner at Bowdry Cut, and that the noon meal. According to his 
latter statement, which he has sworn to, he claims to liave paid this $3.00 
at Bowdrj^ Cut and Bosworth for labor. In his original statement he 
-claims, in affidavit, that the $4.00 at these two places was spent for hotels. 

Ah he has made two separate statements and sworn to both of them, 
it is im]-)Ossible for me to tell which one is correct, so to be on the safe side 
and protect the taxpayers from any overcharge, I have adopted this plan, 
which I think is safe for their protection, and one, which you, as a fair- 
minded man, will have to approve, 

Yours very truly, 

JOHN P. GORDON, 

State Auditor. 
JPG—J (Copy)" 



56] 235 

"'Ex. "C." • Jefferson City, Mo., June 21, 1910. 

Hon. Jese A. Tolerton, City. 

Dear Sir — Please find enclosed Treasurer's elieck for the account of 
31r. TI. L. James, deputy g'anie warden, for the month of May, for the 
^miount he sent in, less $56.87. which I deduct for the following reasons: 

Nine days from the salary account, at $3.00 per day, $27.00, for the 
reason T am informed that during the month of May, these nine days were 
spent at his home in Carrollton. 

I cut out $18.00 for hotel bills, for the reason I am informed that on 
•certain daj'S in said month he did not jiay at certain hotels which he 
•charged in his account. 

I cut out $11.32 from his railroad fares, which I am informed that he 
did not use. I also cut out 55 cents from his bus fares, for the same 
j-eason. Yours very truly, 

(Signed) JNO. P. GORDON, 

State Auditor. 
JPG— J Enc." 

(AVitncss, continuing.) Now, the testimony of Mr. Gordon, I be- 
lieve, further indicates that he has, at various times, cut the accounts 
which I have sent to the Auditor's office; in this connection I want to 
say that outside of the one hundred and thirty-six dollar dynamite bill, 
which is now being held up, that there isn't thirty dollars accounts un- 
paid which I have sent to the Auditor's office since 1 have been at the 
liead of the department covering an expenditure of one hundred and 
thirty some odd thousand dollars — I think $133,000.00 — something like 
that. 

Refen'ing to the matter of the letter furnished the committee, under 
'date June 7th, to Mr. Smelsor of Doniphan, ."Missouri, for the informa- 
tion of the committee, and in order that they may understand something 
about the circumstances leading up to this correspondence with Mr. 
Smelser, I hand you herewith the original letter of Mr. Smelser's to me, 
complaining of the department of Mr. Thompson, in order that the com- 
mittee may know why I wrote the letter to Mr. Smelser trying to patch 
up the differences in our own party, on account of my appointment of 
Mr. Thompson, whom he says "is a democrat." 

(Letter referred to is here marked exhibit "D," offered in evidence 
by Mr. Tolerton. is accepted and becomes a part of the record herein, 
being in words and figures as follows : 



236 [56 

"Ex. D. Doniphan, Mo., "Slay 31, 1910. 

Hon. Jesse A. Tolerton. Jefferson Citj', Mo.: 

Dear Sir — Mr. J. B. Thompson, your Democratic deputy game war- 
den for Ripley countV, showed me a letter last Saturday from you, ad- 
vising him to see me and other Republicans here in regard to our putting- 
a county ticket in the field. 

I am suprised that you should write such a letter to as rank a Dem- 
ocrat as Mr. Thompson, for we feel that Ave are amply able to transact 
our OAATi business along political lines Avithout the necessity of appointing- 
Democrats to carry instructions to us. Mr. Thompson is now holding a 
deputyship under you that should have been give to a Republican, and 
that certainly is enough to satisfy you without delegating him to carry 
instructions to us regarding our political meetings. 

I do not wish to criticise you for any of your actions, but I am writ- 
ing that you may knoAV how we Ripley county Republicans feel about: 
these things. Very truly yours, 

F. E. SMELSER. (Signed.) " 

(Witness continuing.) In my testimony, Mr. Orr, I stated about 
what T paid on the railroad between St. Louis and Moimtain Grove; I 
have a telegram here from the Springfield 'Frisco agent, and also the- 
St. Louis 'Frisco agent, covering the amount of the fare, and it is $6.00,. 
and I can show I paid thirty cents more than I have charged up on my 
account — 

(Senator Buford.) We don't doubt your previous statements in. 
regard to that, Mr. Tolerton — 

(Mr. McCarty, interrupting.) Q. You say these pheasants are 
good destroyers of cotton boll Aveavil ; hoAV many have you sent down intO' 
the cotton raising countiy of this State ? 

A. I don't knoAv that I have had an application from a single per- 
son asking for pheasants, stating that they AAcre raising cotton. If I had 
I would try and taJvC care of them, for that is what I wanted to try. If 
you will give me the name of any maai aa'Iio has a cotton crop this year, I 
will send him some. 

Q. I can give you a hundred, as far as that is concerned; there is- 
a large territory in Southern ]\Iissouri that produces a great many mil- 
lion dollars of cotton. The cotton boll AA'cavil is a great pest in Missis- 
sippi, and it Avould be a good idea to put some of these birds doAA^^ there- 
and try it ; you take the county of Pemiscot, Avhich produces over a million' 
and a half dollars of cotton, take the coimties of Dunklin and Ncav Madrid- 
and part of Mississippi county and some parts of Ripley and Butler, and' 
quite a number of others. 



:o6J 237 

A. If you will find some one with five hundred acres of land who 
raises a cotton crop this year, I will send a dozen down there and try the 
experiment, the same as my reason was for shipping to Raley. 

Q. How many pheasants did you purchase all told? 

A. Since I have been in office — I couldn't tell you. 

Q. Well, roughly — can you come in three or four hundred of it? 

A. No, I couldn't; I have been buying them from time to time; I 
liought one hundred hens since the first of the year that's not paid for — 
I expect I have bought a thousand or fifteen hundred. 

(Dr. Mitchell, interrupting.) Q. You are going to trj^ to raise 
some this year — 

A. I think I have now about six hundred hen and a sufficient num- 
"ber of males, and I was going to try to raise several thousand this year if 
1 am permitted to go ahead with the work ; if I do not go ahead with the 
Avork I am going to ship them out on the request of people that have had 
applicadons filed there which I couldn't take care of last season. 

(]\rr. McCarty.) I suggest that you find a number of counties in 
Avhich this experiment can be tried? 

A. I 'd like to do it ; I got this information from Denver, and I 'd 
like to try it out. 

At this point the witness, Mr. Tolerton, stating that he can think of 
nothing more to offer, he is excused. 

"Whereupon motion is made by Senator Buford to strike out all that 
portion of the testimony relating to "suppers given for Mr. Tolerton and 
liis boys, because it is not material to this case. 

(By Chairman AYhite.) Yes; strike it out. 

(By jNlr. McCarty.) I move you that it is the sense of this com- 
mittee that, owing to the fact that there are so many weekly reports of 
the different deputy game wardens, and that they are so voluminous, and 
owing to the fact that they are public property and filed in a public of- 
fice and can be seen by any one at any time, that it is the sense of this 
■committee that those reports be not printed, or not copied in the testi- 
mony. 

(By Chairman White.) In other words, be not made a part of the 
record ? 

A. Yes : be not copied in full. 

This motion being unanimously carried, it is so ordered. 

Whereupon, there being no further testimony to offer in the case, 
motion is made by Mr. Orr to close the testimony, seconded by Senator 
Tiuford, and unanimously carried. 

This is all the ovi'dcnce offered in this case. 



238 [5S 

At a call meeting of the eoinmittee to draft report of the iavestiga- 
tion, Mr. Orr moves the eouimittee to reconsider the motion by Avhieli. 
it was concluded to close the testimony. This motion being seconded hy 
]\Ir. McCarty, is passed upon by the committee, and the Chair announces 
the motion stands reconsidered. 

WhereupoQ ]\Ir. Orr otfers in evidence and asks that the same be 
made a part of the record herein, a typewritten opinion of the Attorne}^- 
General. Elliott "W. ]\[ajor, in regard to the construction of certain sec- 
tion of the game and fish law. (Same is marked exhibits "Z, Z-1 and 
Z-2.") 

This is an opinion of the Attorney-Geneeral of the State, rendered at 
my request, asking for a construction of certain sections of the statutes,, 
which are referred to in the opinion, relative to the duties of the State 
Game and Fish Warden and his deputies : 

Same is in words and figures as follows : 

''March 16th, 1911. 
Hon. Edwin C. Orr, Jefferson City, Mo. : 

Dear Sir — I am in receipt of your letter conveying the request froin 
your committee for my official opinion upon three ciuestions, the first 
proposition being as follows : 

''1. WTiat authority has the State Game and Fish Commissioner 
to authorize the payment of funds from the game protection fund to 
his deputies, provided for in section 6566, R. S., Mo., 1909, when saict 
deputies are not actually employed in the discharge of their duties but 
are merely holding themselves in readiness to discharge duties provided 
for in the fish and game law, when said deputies are at home and not act- 
ually engaged in the discharge of their duties." 

Replying to this would say that there is no authority whatever for- 
the payment of funds under the conditions named.. 

Your second and third inquiries relate to substantially the same 
sub.ject, and can be answered together — they being as follows : 

"Has the State Game and Fish Commissioner the right, under the 
law, to pay the annual necessary expenses incurred by said deputies while 
not working under the special direction of the State Game and Fish Com- 
missioner, but are going at will into whatever parts of the State, or their 
respective districts, they choose, without special direction or direct order's 
from the State Game and Fish Commisioner ? ' ' 

''3. Has the State Game and Fish Commissioner the right and au- 
thoritj^ under the law, to authorize the payment of expense accounts 
incurred by his deputies on their reports to him that they have incurred 



56] 239 

certain traveling expenses, hotel bills and livei-y hire when there are nc 
specific or direct orders given by him prior to the incurring of said ex- 
penses to said deputies, directing them to perform the specific work for 
which said expenses are incurred by them?" 

Answering these, would say, that sections 6558 and 6566, R. S., Mo.^ 
1909, make it quite clear that deputies appointed under the provisions of 
the fish and game act are not legally entitled to any expenses incurred by 
them, except when they are performing official duties in pursuance of 
ordere and directions given them by the State Game and Fish Commis- 
sioner. 

In my opinion, the terms ''special orders," as used in section 6558, 
and the terms ''direct orders," and "working under the direction of the 
commissioner, ' ' as used in section 6566, exclude the idea that such deputies 
can. merely by reason of their appointment, or a general, indefinite order 
from the commissioner, act officially and charge the expense incident 
thereto to the game fund. They are not authorized to incur expenses at 
their owsi will, or in connection with mattei-s which, merely in their judg- 
ment, are essential to the enforcement of the game law. No such roving 
commission is given them, and to be entitled to such expenses and their 
per diem they must be acting wholly in obedience to direct, special orders, 
given them by the commissioner. AYhen a direct order is given, and it. 
has been complied with, it affords no basis or authority for the further 
or additional service on the part of the deputy to w4iom the same is. 
given, but to authorize him to do further and additional work, and to in- 
cur expenses in connection therewith, he must receive other appropriate- 
ordei's. 

The extent to which an order from the commissioner is authority tc^ 
the deputy to act, depends, of course, upon the particular terms, nature- 
and purpose of the order, and each case must be separately and accord- 
ingly determined. 

Very truly yours, 

ELLIOTT W. MAJOR, 

Attorney-General. 



INDEX. 



Page 

Letters offered in evidence 234-236 

List of Deputy Game and Fish Commissioners 69-70 

Montlily expense account 230 

Opinion of Attorney-General Major 238-239 

Receipts and disbursements of Game and Fish Department during 1910 71 

Report of Deputy Game Wardens — 

Martin 141-171 

Osterhaut 171-186 

Johnson 186-205 

Report of Committee 1-8, 328 

Testimony — 

Jesse A. Tolerton 9-43 

Recalled 205,232 

J. "V. B. Martin 43-56 

John P. Gordon 56-60 

Recalled 219-223 

W. A. Kinsey 60-62 

Recalled 225 

Frank Farris 63-66 

T. J. Copeland 66-68 

Recalled ; 223-225 

Harry L. James 71-81 

A. C. Wright 81-88 

S. O. Osterhaut 88-97 

W. F. Reed 97-100 

J. A. Johnson 101-108 

"W. F. Keath 108-125 

P. G. Boehmer 126-133 

D. H. Halfleld 134-140 

James P. Boyd 216-219 

H. R. Aubrey 225-230 

V 



LE N 



REPORT OF 



SPECIAL JOINT COMMITTEE 



TO 



INVESTIGATE THE 



Fish and Game Commissioner 



TO THE 



FORTY-SIXTH GENERAL ASSEMBLY 



1911 




THE HUGH STEPHENS PRINTING COMPANY. 
jarrBRsoN city, mo. 



-Iff 





